Beijing Times News (Reporter Yang Fenglin) Li Xin (a pseudonym) fell while skiing and was injured by Zhang Lan (a pseudonym), who was skiing behind him, because he failed to leave the slope in time. Later, Li Xin sued Zhang Lan and the ski resort for compensation in court. Recently, the Beijing No. 1 Intermediate People’s Court rejected Li Xin’s appeal.
On January 11, 2015, Li Xin fell while skiing. Because he did not leave the slope promptly, he collided with Zhang Lan, who was skiing behind him. After the collision, patrol staff from the ski resort, together with Zhang Lan, took Li Xin to the resort’s medical room. Due to the severity of his injuries, he was then sent to the hospital for inpatient treatment.
Later, Li Xin argued that the ski resort staff failed to provide timely assistance after he fell, which led to his injury by Zhang Lan, and that the ski resort had not fulfilled its reasonable duty to assist. Therefore, he sued Zhang Lan and the ski resort in court, demanding that both parties bear liability for compensation.
The first-instance court ruled that Li Xin had not exercised reasonable care during the incident and bore significant fault himself, while the ski resort had fulfilled its safety obligations within reasonable limits. The court ultimately held Zhang Lan liable for 20% of the damages and Li Xin for 80%. Dissatisfied with the verdict, Li Xin appealed to the Beijing No. 1 Intermediate People’s Court.
The Beijing No. 1 Intermediate People’s Court found that Li Xin, as an adult with full civil capacity, should have been fully aware of the inherent risks of skiing and taken appropriate protective measures. Moreover, by choosing to engage in the inherently risky activity of skiing, he had implicitly accepted the potential dangers involved. Additionally, Li Xin was not wearing the ski resort-provided ski suit but instead wore a light-colored down jacket. He remained on the slope for an extended period before being hit by Zhang Lan and did not use any other means to warn others.
In summary, Li Xin bore significant fault for the accident and should be held responsible accordingly. The original court’s ruling that Zhang Lan bear 20% of the liability and Li Xin 80% was deemed appropriate. In the end, the Beijing No. 1 Intermediate People’s Court dismissed Li Xin’s appeal and upheld the original judgment.