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滑雪相撞谁取证?北京延庆法院发布涉冰雪典型案例和法律风险提示
Xin Jing Bao· 2025-12-03 11:53
Core Viewpoint - The Beijing Yanqing District People's Court has established a "Snow Shield" judicial service team to address legal issues in the ice and snow industry, having handled 47 ice and snow-related cases over the past three years, with a significant increase in cases in 2025 [1] Group 1: Judicial Service and Case Handling - The Yanqing Court has processed 47 ice and snow-related cases in the last three years, with 7 cases in 2023, 10 in 2024, and 30 in the first ten months of 2025 [1] - The establishment of the "Snow Shield" judicial service team aims to create an integrated organizational support system and a professional dispute resolution chain to meet the judicial needs of the ice and snow industry [1] Group 2: Legal Responsibilities of Operators - In a case involving a tourist injury at an ice and snow project, the court ruled that internal agreements between operators do not exempt them from liability to third parties, emphasizing that both companies involved must share compensation responsibilities [2] - The court highlighted that operators must carefully select partners when outsourcing operations and fulfill safety obligations to avoid legal disputes [2] Group 3: Liability in High-Risk Activities - In a collision case between two snowboarders, the court ruled that the plaintiff failed to prove the defendant's fault, reinforcing the principle that participants in high-risk sports assume certain risks and must provide evidence of negligence to claim damages [3][4] - The court noted that the snow sports industry is governed by the "self-assumed risk" rule, where participants are generally not entitled to compensation unless there is evidence of intentional wrongdoing or gross negligence by another participant [4] Group 4: Recommendations for Risk Management - The Yanqing Court advised ice and snow industry operators to ensure compliance in contracts, marketing, and safety measures to mitigate risks and avoid disputes [5] - Operators are encouraged to maintain safety standards, conduct regular inspections, and provide clear risk information to consumers, especially for vulnerable groups like minors [5] Group 5: Guidance for Participants - Ice and snow sports participants are urged to recognize their limits, adhere to safety rules, and ensure proper supervision of minors during activities [6] - The court emphasized that guardians of minors must take primary responsibility for any injuries or damages caused by inadequate supervision, particularly for children under eight years old [6]