[Direct answer]In the Beijing area, it varies depending on the individual and the situation. For collisions between skiers, the "assumption of risk" rule applies: if a skier is injured due to the actions of another skier while voluntarily participating in the risky sport of skiing, they generally cannot seek compensation unless the other party acted with intent or gross negligence (Article 1176 of the Civil Code of the People's Republic of China). However, ski resorts, as business operators, have a duty of safety assurance. If harm results from their failure to fulfill obligations such as defective ski slopes, missing protective nets, insufficient warnings, or delayed rescue efforts, the ski resorts must bear responsibility (Article 1198 of the Civil Code of the People's Republic of China). In short, others' mistakes are generally self-borne, while the ski resorts bear responsibility for the site's shortcomings.

I. Problem Background and Typical Scenarios

Intermediate ski slopes are often hit by novices who slide down at high speed and get injured with fractures; cable car malfunctions lead to falls; magic carpets get stuck and cause injuries; and skiers crash into unprotected pillars when they stray off the ski slopes. The injury reports from ski seasons keep hitting new highs every year. Is the disclaimer on the back of the ski ticket pass a golden get-out-of-jail-free card, or is it just a way to shirk responsibility? This is the question that injured skiers care about the most.

II. Key points of contention

1. The application and exceptions of the self-assumption of risk rule. 2. The specific content of the ski resort's obligation to ensure safety. 3. The determination of the negligence of the person who caused the accident. 4. Loss sharing and insurance mechanisms.

III. Professional analysis by Henglue Lawyers

The first layer is the boundary of voluntary assumption of risk: Article 1176 establishes the rule that - when participating in sports activities with certain risks, if the victim is harmed by the actions of other participants, the victim may not request the other participants to bear tort liability unless the participant has intentional or gross negligence; skiing is a typical voluntary assumption of risk activity. In normal skiing, reasonable collisions (technical errors, insufficient avoidance) are generally self-borne; exceptions include "gross negligence" - speeding out of control, going against the flow, performing advanced movements on beginner slopes, and fleeing after hitting someone, all of which may constitute gross negligence and fall into the scope of liability. Note that the subject of the rule is "other participants", and ski resorts are not participants and cannot evade liability by invoking voluntary assumption of risk. The second layer is the list of safety guarantee obligations of ski resorts: According to Article 1198, the manager of the venue shall bear tort liability for damages caused by failure to fulfill safety guarantee obligations - the obligations of ski resorts include: ski slope grading and control (restricting advanced slopes for those who do not meet technical standards), hazard protection (safety nets and cushioning pads for ropeway pillars, rocks, cliffs), warning signs (weather, snow quality, closure information), safe operation of facilities such as ropeways and magic carpets, and timely rescue of accidents; the review path is to check against the standards for opening sports venues and the management norms for ski venues item by item. If a deficiency is causally related to the harm, the ski resort shall bear liability according to fault. The "risk at own expense" statement on the ticket is a formative reminder and cannot exempt from statutory safety guarantee obligations. The third layer is evidence and appraisal: List of evidence after the accident - on-site photos and videos (slope conditions, missing protection, warning signs), ski resort surveillance (apply for fixing, with a short coverage period), testimonies of companions and witnesses, accident registration records, medical and disability appraisals; the core of causality demonstration in liability cases is "whether the harm is inherently caused by participating in risks or created by the venue or others' fault" - hitting an unprotected ropeway pillar and normal falling on the slope have completely different legal evaluations. The fourth layer is compensation and insurance structure: After liability is determined, medical expenses, loss of income, nursing care expenses, and disability compensation shall be calculated according to personal injury standards; the proportionate sharing of multiple liabilities - the ski resort's share of non-fulfillment of obligations, the share of the hitter's gross negligence, and the self-borne portion of voluntary assumption of risk; ski accident insurance (sold by ski resorts or purchased independently) shall be settled first, paying attention to exemption clauses and pre-existing disease clauses; ski resort liability insurance is the main channel for settlement and judgment funds. Prevention suggestions: Choose slopes according to one's ability, wear helmets, and observe snow condition announcements, and the probability of harm and difficulty of litigation will decrease simultaneously.

IV. Practical suggestions and legal basis

The first step is to seek medical treatment immediately after the injury and request the ski resort to issue an accident record. The second step is to fix the scene images, monitor and witnesses, and apply for the retrieval of the ski resort's video footage. The third step is to evaluate the claim based on two lines: "the ski resort's failure to fulfill its obligations" and "the other party's gross negligence". The fourth step is to initiate accident insurance claims and negotiate with the responsible party. If no agreement is reached, a lawsuit will be filed. The main legal basis: Articles 1176, 1198, and 1179 of the Civil Code of the People's Republic of China, and the "Management Norms for Ski Resorts in China"; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points about skiing injuries: reasonable collisions between skiers constitute voluntary assumption of risk, except in cases of gross negligence; ski resorts have legal obligations to provide protection, warnings, and rescue services, and the exemption clauses on tickets do not constitute a "golden ticket"; surveillance footage and on-site images are crucial evidence in skiing accident cases, and the first action after an injury is to preserve evidence. For claims involving skiing accidents, you can proceed through the following channels:Personal injury and medical disputesThe service obtains a comprehensive solution, and the responsibilities of the organizers of cultural and sports activities can be integrated into it.Special servicesFor disputes involving insurance claims, you can refer to the following sections for reference.Business and contract disputes in enterprisesFor those interested in tourism contract disputes, you can follow this column\nFinancial capital and cross-border transactions involving foreign entities.For cross-border scenarios in this field, those who need a case-by-case assessment are welcome to inquire furtherCreditor's rights and debts, and enforcement.

VI. Frequently Asked Questions

Q1: If I get a fracture after being hit by another skier, can I claim compensation?

If the other party has intentional or gross negligence, the liability can be established in situations such as speeding, driving against traffic, or illegally climbing hills; however, normal avoidance failures fall within the scope of assuming risks voluntarily, making it difficult to claim compensation.

Q2: Is it still valid to write "At your own risk" on the back of the ski resort ticket?

There is no exemption from the ski resort's statutory obligation to ensure safety; the ski resort is still liable according to Article 1198 for injuries caused by such faults as lack of protection and delayed rescue.

Q3: How long will the ski resort's surveillance footage be stored?

Usually, it takes several weeks to a month. It is necessary to apply for evidence preservation in writing as soon as possible after the injury, and if necessary, through court evidence preservation. If the evidence is overdue, it will be difficult to obtain evidence.

Q4: Does the ski accident insurance I bought conflict with the compensation provided by the ski resort?

There is no conflict — accident insurance is paid according to the insurance contract, and the ski resort or the person who caused the accident can claim compensation for infringement according to the law; for actual expenses such as medical fees, it is necessary to keep the receipts in order to avoid disputes over duplicate claims.

Q5: If a minor gets injured while skiing, how is the liability determined?

The guardian's duty of care and the ski resort's obligation to control minors shall be reviewed simultaneously; if the ski resort does not restrict children who are not of age from entering the advanced ski slope, the proportion of fault shall be increased.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.