[Case Summary]This case involvesPersonal injury compensationA dispute. On January 18, 2022, Du * was injured by coach Ding * on the ski slope of a ski resort in Changping District, Beijing City, and was diagnosed with a tibial plateau fracture. Du * entrusted Beijing Henglu Law Firm to handle the case.Tian Jia YanThe lawyer defended the rights and interests of Ding * and argued that as a person with full capacity for civil conduct, Ding * failed to fulfill his obligation of exercising due diligence and did not take active measures to avoid or reduce speed when he was injured, so he should bear compensation for medical expenses, hospitalization subsistence allowance, nutrition fees, nursing fees, and loss of income. The court ultimately confirmed that Du * should bear 60% of the main responsibility, Ding * should bear 30% of the secondary responsibility, and the ski company should bear corresponding responsibility of 10%. The court ruled that Ding * should pay Du * disability compensation (including the living expenses of the dependents), medical expenses, hospitalization subsistence allowance, loss of income, nursing fees, transportation fees, compensation for mental distress, and appraisal fees totaling 97,124.53 yuan. The core dispute: the proportion of fault of all parties in the ski collision and the sharing of compensation; applicable legal provisions: the principle of fault liability and relevant regulations on the obligation of ensuring safety.

I. Review of the Case

Winter skiing is supposed to be a joyful activity, but questions like "Who should compensate for skiing injuries caused by collisions?" and "How is liability for skiing collisions divided?" are among the most frequently searched by ski enthusiasts. On January 18, 2022, at around 19:20, Du * was injured by Ding * on the ski slope of a ski company in Changping District, Beijing. He was then sent to Beijing Jishuitan Hospital for treatment and admitted to the hospital on January 19, 2022. The diagnosis showed a tibial plateau fracture. Ding *'s infringement caused significant physical damage to Du *, but Ding * refused to assume liability for compensation, arguing that the ski slope was visibly uneven on the day of skiing due to weather and other factors, and that the ski company failed to repair it or fulfill its obligation to ensure safety. Therefore, all responsibility for Du *'s injury should be borne by Du * and the ski company.

In order to safeguard his legitimate rights and interests, Du * decided to seek legal protection. After comparing various options, Du * concluded that the solution proposed by Beijing Henglu Law Firm was more appropriate for his case.Tian JiayanThe lawyer's rigorous and professional analysis also gained their trust, so they ultimately decided to entrust Henglu Law Firm to protect their rights.

II. The focus of the case

  • Focus 1: The degree of Ding's fault and the proportion of responsibility in the collision.Ding * is a person with full capacity for civil conduct and has a high duty of care. Whether it can be determined that he failed to take active measures such as avoiding danger or reducing speed to avoid hitting Du * is the key to determining his secondary responsibility.
  • Focus 2: Whether Du * himself/herself was at fault.Whether Du * was identified as bearing the main responsibility for crossing the ski slope with his back to the slope and failing to anticipate and avoid the danger in time will directly affect the amount of compensation he can receive.
  • Focus 3: The boundaries of the ski resort company's obligation to ensure safety.Whether the ski resort has fulfilled its obligations of providing safety warnings and maintaining the ski slopes, and whether it should bear corresponding responsibilities, are also the focus of the dispute.

III. Professional intervention by Hengluo Lawyers

The plaintiff (Du * ) alleged that:Du * believes that Ding * injured him, resulting in a tibial plateau fracture. Ding * failed to fulfill his duty of care and take measures to avoid or reduce the speed, and should bear the compensation for medical expenses, hospitalization subsistence allowance, nutrition fees, nursing fees, and loss of income. At the same time, Ding * stated that he is a coach of the ski company and that the two parties will negotiate a solution after the case is concluded. He claimed that the medical expenses should be borne and paid by Ding *, and did not claim that the ski resort company should bear the compensation liability in this case.

The defendant (the ski resort company) argued that:During the trial, the ski resort company argued that the plaintiff's injuries were caused by Ding *'s violation of the skiing code of conduct, and our company had no fault in this regard, so we are not liable for compensation according to the law; moreover, the plaintiff and our company have a labor service relationship rather than an employment relationship, so there is no issue of work-related injuries.

Hengluo Lawyer's Agency Opinion:After obtaining authorization,Tian JiayanThe lawyer communicated with the client multiple times, sorted out many key details, and analyzed and reviewed the case details repeatedly to fully understand the client's demands. The lawyer believes that Du * was skiing with students when he turned his back to the ski slope while crossing it, missing the opportunity to predict and avoid danger in time; Ding *, as a person with full capacity for civil conduct, had a high duty of care to ensure that he skied at an appropriate speed and avoided losing control and colliding with others. When encountering danger, he should have taken active measures to avoid it or reduced his speed and stopped. However, Ding * failed to take avoidance and deceleration measures to avoid danger, and hit Du *, causing him to fall to the ground and get injured. Therefore, Ding * should bear the liability for compensation.

IV. Outcome of the case

After the trial, the court confirmed that Du * should bear the main responsibility for the accident, Ding * should bear the secondary responsibility, and Beijing * Ski Company should bear the corresponding responsibility. According to the degree of fault of each party, the court determined that Du * should bear 60% of the responsibility, Ding * should bear 30% of the responsibility, and the ski company should bear 10% of the responsibility. In summary, the judgment is as follows: Ding * shall, within seven days after the judgment takes effect, pay Du * disability compensation (including the living expenses of the dependents), medical expenses, hospitalization subsistence allowances, loss of income, nursing care fees, transportation expenses, compensation for mental distress, and appraisal fees, totaling 97,124.53 yuan. The parties' damages have been legally compensated.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's reminder: Skiing is a high-risk sport, and participants have a high duty of care. In the event of injuries caused by collisions, liability shall be apportioned according to the degree of fault; if the ski resort fails to fulfill its obligation of safety protection, it shall also share responsibility. After being injured in a skiing accident, the victim should immediately report the incident to the police, keep the surveillance footage and medical records, and fix the identity of the other party and the ski resort's warning evidence. If necessary, the victim should entrust a professional lawyer to clarify the degree of fault and claim reasonable compensation.

VI. Common Questions and Answers about Personal Injury Compensation Cases

  1. Q: If I'm injured while skiing by someone else, who should I ask for compensation from?
    A:Generally, claims are made against the person who caused the accident based on the proportion of fault. If the ski resort fails to fulfill its obligations of safety maintenance or warning, the resort may be required to bear corresponding compensation liability. The specific proportion will be determined by the court based on the degree of fault.
  2. Q: If I'm hit while crossing the ski slope, am I responsible for the accident?
    A:If the person himself/herself is facing away from the ski slope and fails to fulfill his/her obligation of due care, he/she will usually be held primarily or partially responsible, which will affect the compensation ratio.
  3. Q: If the ski resort says they're not at fault and won't compensate, is that legal?
    A:The ski resort has an obligation to ensure safety. If the maintenance of ski slopes and safety warnings are not in place, it cannot completely exempt itself from liability by claiming "no fault". The court will determine its corresponding responsibility based on the facts.
  4. Q: What compensation items can be claimed for skiing injuries?
    A:It may include medical expenses, hospitalization subsistence allowances, nutrition expenses, nursing care expenses, loss of income, transportation expenses, disability compensation, compensation for mental distress, and appraisal fees, etc.
  5. Q: What evidence do I need to prepare for a ski injury claim?
    A:The records of the accident scene, surveillance footage, alarm records, diagnosis certificates, expense receipts, and proof of loss of income should be preserved. It is also advisable to consult a professional lawyer as soon as possible.