Women's ski fell to the ski resort was sentenced to blame 60% lost 310,000 Date:2016-12-22 14:05
With the advent of winter, many people like to go skiing and roller-skating. However, these two sports are technically difficult. Once injured, they can easily cause fractures. Ms. Shi Sheng went to the ski resort with her family to fall and suffered a broken leg. In the end, the Huangdao Court decided that the ski resort would bear 60% of the compensation and pay more than 310,000 yuan. Lawyers reminded that when citizens engage in outdoor sports in the winter, besides doing their own protection, they should also pay attention to the timely preservation of pictures, audio and video, and related documents in order to protect their rights.
Ski fell down leg fracture
Obligatory Ski Resorts take responsibility for 60%
On the afternoon of February 5th, 2016, Ms. Sheng and her family and five people went skiing in the Qingshang Manor in Huangdao District. The staff in the manor, the ski instructors, escorted the ski equipment into the ski area and paid training. Ms. Sheng said that the coach did not carry out safety tips and there was a problem with the quality of ski shoes. During the skiing process, Ms. Sheng used the deceleration method informed by the coach to slow down and fell down. She was diagnosed with a comminuted fracture of the left upper humerus. The two parties failed to negotiate. Ms. Sheng sued the court and demanded compensation of more than RMB 530,000.
The Huangdao Court held that the plaintiff had skied to the ski slope operated by the defendant by means of ticket purchase. The defendant obtained the proceeds. In the process, the plaintiff was injured. The identification constitutes a level 9 disability. The defendant should be deemed to have failed to fulfill its safety guarantee obligations. The fault should bear the corresponding liability. The plaintiff himself also has certain responsibilities. According to the comprehensive analysis, it is appropriate for the defendant to bear 60% of the compensation liability. In the end, the court ruled in the first instance that the operator of the ski resort reimbursed Ms. Sheng more than 31,000 yuan.
Two people collided at a roller skating rink
The management also has to take responsibility
Similar to skiing, roller skate sports, as a popular popular sports activity, has both its own sports charm and certain risks. Ms. Zhao made a rollerblading on the roller skating rink in Taitung Contemporary Joy City, but she was knocked down by Ms. Wang. The comminuted fracture of the distal radius of the right arm and the fracture of the right ulnar styloid process were identified as Class 9 disabilities. Ten levels of disability. Ms. Zhao sued Ms. Wang and the roller rink to the court.
The City North Court held that the plaintiff’s medical expenses due to injury had a causal relationship with the defendant Ms. Wang’s infringement. Ms. Wang should pay compensation; the plaintiff’s skating was not skilled and he did not follow the safety regulations, and he was also responsible; Roller rinks, as managers, have not fully fulfilled their security obligations and should also assume tort liability. The proportion of responsibility for Ms. Zhao and Ms. Wang and the roller skating rink should be 4:5:1.
In the end, the City North Court ruled that Ms. Wang compensated more than 100,000 yuan and the roller rink compensated more than 20,000 yuan. After the case was appealed, the Municipal Intermediate Court upheld the original verdict in August 2015.
Rollerblades fell their own fracture
Playground bears 20%
On May 21, 2014, Mr. Sheng went to the roller skating arena in Qingdao, which is located in Huangdao District. During this period, Mr. Sheng accidentally slipped and fell, resulting in two fractures of the right shin bone area, which was identified as a nine-grade disability. Later, Mr. Sheng sued the playground and claimed more than 100,000 yuan.
The Huangdao Court held that the plaintiff was responsible for falling down and being injured and responding to the accident. According to the video data, the defendant’s management of the roller skating rink was not in place, the warning signs were not obvious, the order in the roller skating arena was chaotic, and the safety and security obligations were not fulfilled, and the defendant should be liable for compensation. In the consolidated case, the defendant bears 20% of the compensation and verdicts compensation of more than 50,000 yuan. The second instance of the case was upheld.
Difficult movement and power
Sports venues need to fulfill legal obligations
According to Zhang Wen, Shandong Wenzhuo Law Firm, in the disputes arising from skiing or roller skating, whether due to a third party's fault or to the manager's own cause of a dispute, it will almost always involve the safety and security obligations of the manager. Operators shall meet the safety and security obligations of the consumers and their property in accordance with the law in the service areas.
The law does not stipulate the specific scope of the site manager's safety and security obligations. However, due to the special nature of these campaigns, if the measures taken by the ski resort are not sufficient to avoid the damage results, the judge will determine that the operator has failed to complete the dispute. Safety and security obligations, so these sports venues should try their best to fulfill their obligations, such as advance training, requiring the athletes to wear the necessary equipment, posting safety reminders, prompt reminders and stop non-compliance of the athletes. This will not only protect the safety of the athletes, but also protect the interests of the venue operators. If the ski resort can not prove that they all fulfill their safety and security obligations, they will often be held liable under the tort liability law.
In the event of an accident, the public must first keep a good picture of the scene and video evidence, including admission tickets, admission tickets and on-site conditions such as snow and ice rinks. In addition, some ski resorts will allow consumers to sign the “accident certificate†after an accident. Consumers must carefully and carefully read the basic information, the passing, and the injury and then sign the accident. Try to be cautious of using words that prove to be a burden on the consumer's side. When a visitor claims a specific claim amount, the court will determine the amount of compensation for the infringer based on the evidence. Therefore, it is necessary to provide the court with a medical certificate of injury, medical records, and treatment fees, and provide other proofs such as the identification of lost work, income certificates, and transportation fees.
Zhang Gang reminded that both sports, whether skiing or roller skating, have certain risks. Once injured, they are prone to fractures. Therefore, the public must carefully read the safety tips and make preparations before carrying out activities. At the same time, these two sports also have a certain degree of technicality. It is imperative to conduct relevant training and learning with the help of professionals, and to enter the venue activities after mastering basic skills.
With the advent of winter, many people like to go skiing and roller-skating. However, these two sports are technically difficult. Once injured, they can easily cause fractures. Ms. Shi Sheng went to the ski resort with her family to fall and suffered a broken leg. In the end, the Huangdao Court decided that the ski resort would bear 60% of the compensation and pay more than 310,000 yuan. Lawyers reminded that when citizens engage in outdoor sports in the winter, besides doing their own protection, they should also pay attention to the timely preservation of pictures, audio and video, and related documents in order to protect their rights.
Ski fell down leg fracture
Obligatory Ski Resorts take responsibility for 60%
On the afternoon of February 5th, 2016, Ms. Sheng and her family and five people went skiing in the Qingshang Manor in Huangdao District. The staff in the manor, the ski instructors, escorted the ski equipment into the ski area and paid training. Ms. Sheng said that the coach did not carry out safety tips and there was a problem with the quality of ski shoes. During the skiing process, Ms. Sheng used the deceleration method informed by the coach to slow down and fell down. She was diagnosed with a comminuted fracture of the left upper humerus. The two parties failed to negotiate. Ms. Sheng sued the court and demanded compensation of more than RMB 530,000.
The Huangdao Court held that the plaintiff had skied to the ski slope operated by the defendant by means of ticket purchase. The defendant obtained the proceeds. In the process, the plaintiff was injured. The identification constitutes a level 9 disability. The defendant should be deemed to have failed to fulfill its safety guarantee obligations. The fault should bear the corresponding liability. The plaintiff himself also has certain responsibilities. According to the comprehensive analysis, it is appropriate for the defendant to bear 60% of the compensation liability. In the end, the court ruled in the first instance that the operator of the ski resort reimbursed Ms. Sheng more than 31,000 yuan.
Two people collided at a roller skating rink
The management also has to take responsibility
Similar to skiing, roller skate sports, as a popular popular sports activity, has both its own sports charm and certain risks. Ms. Zhao made a rollerblading on the roller skating rink in Taitung Contemporary Joy City, but she was knocked down by Ms. Wang. The comminuted fracture of the distal radius of the right arm and the fracture of the right ulnar styloid process were identified as Class 9 disabilities. Ten levels of disability. Ms. Zhao sued Ms. Wang and the roller rink to the court.
The City North Court held that the plaintiff’s medical expenses due to injury had a causal relationship with the defendant Ms. Wang’s infringement. Ms. Wang should pay compensation; the plaintiff’s skating was not skilled and he did not follow the safety regulations, and he was also responsible; Roller rinks, as managers, have not fully fulfilled their security obligations and should also assume tort liability. The proportion of responsibility for Ms. Zhao and Ms. Wang and the roller skating rink should be 4:5:1.
In the end, the City North Court ruled that Ms. Wang compensated more than 100,000 yuan and the roller rink compensated more than 20,000 yuan. After the case was appealed, the Municipal Intermediate Court upheld the original verdict in August 2015.
Rollerblades fell their own fracture
Playground bears 20%
On May 21, 2014, Mr. Sheng went to the roller skating arena in Qingdao, which is located in Huangdao District. During this period, Mr. Sheng accidentally slipped and fell, resulting in two fractures of the right shin bone area, which was identified as a nine-grade disability. Later, Mr. Sheng sued the playground and claimed more than 100,000 yuan.
The Huangdao Court held that the plaintiff was responsible for falling down and being injured and responding to the accident. According to the video data, the defendant’s management of the roller skating rink was not in place, the warning signs were not obvious, the order in the roller skating arena was chaotic, and the safety and security obligations were not fulfilled, and the defendant should be liable for compensation. In the consolidated case, the defendant bears 20% of the compensation and verdicts compensation of more than 50,000 yuan. The second instance of the case was upheld.
Difficult movement and power
Sports venues need to fulfill legal obligations
According to Zhang Wen, Shandong Wenzhuo Law Firm, in the disputes arising from skiing or roller skating, whether due to a third party's fault or to the manager's own cause of a dispute, it will almost always involve the safety and security obligations of the manager. Operators shall meet the safety and security obligations of the consumers and their property in accordance with the law in the service areas.
The law does not stipulate the specific scope of the site manager's safety and security obligations. However, due to the special nature of these campaigns, if the measures taken by the ski resort are not sufficient to avoid the damage results, the judge will determine that the operator has failed to complete the dispute. Safety and security obligations, so these sports venues should try their best to fulfill their obligations, such as advance training, requiring the athletes to wear the necessary equipment, posting safety reminders, prompt reminders and stop non-compliance of the athletes. This will not only protect the safety of the athletes, but also protect the interests of the venue operators. If the ski resort can not prove that they all fulfill their safety and security obligations, they will often be held liable under the tort liability law.
In the event of an accident, the public must first keep a good picture of the scene and video evidence, including admission tickets, admission tickets and on-site conditions such as snow and ice rinks. In addition, some ski resorts will allow consumers to sign the “accident certificate†after an accident. Consumers must carefully and carefully read the basic information, the passing, and the injury and then sign the accident. Try to be cautious of using words that prove to be a burden on the consumer's side. When a visitor claims a specific claim amount, the court will determine the amount of compensation for the infringer based on the evidence. Therefore, it is necessary to provide the court with a medical certificate of injury, medical records, and treatment fees, and provide other proofs such as the identification of lost work, income certificates, and transportation fees.
Zhang Gang reminded that both sports, whether skiing or roller skating, have certain risks. Once injured, they are prone to fractures. Therefore, the public must carefully read the safety tips and make preparations before carrying out activities. At the same time, these two sports also have a certain degree of technicality. It is imperative to conduct relevant training and learning with the help of professionals, and to enter the venue activities after mastering basic skills.
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