Facts
Parties: G. (appellant), O., Y. and the Public Prosecutor's Office of Lower Valais (respondents).
Facts: On February 6, 1993, an accident occurred on the "Jean-Bernard" ski slope in the Crosets (VS). G., an experienced skier, collided with a group of skiers who had gathered after a previous accident. O. suffered severe injuries, including tetraplegia, and Y. suffered minor injuries. G. was sentenced to 20 days' imprisonment on probation by the District Court II of the Monthey District.
Main issue: Whether G. violated the duty of care through his driving and thereby caused the bodily injuries.
Considerations
The violation of the duty of care (Art. 125 SCC) requires that the perpetrator violated the duties of care imposed on him and thereby caused the bodily injury. The duties of care of a skier are set out in the rules of the Fédération Internationale de Ski (FIS). In particular, Rule 2 requires that a skier adapt his speed to the visibility conditions and be able to stop or swerve in time.
G. violated this duty by driving too fast over an unobstructed slope summit and thereby losing control of…