Facts
The case concerns a skier, X., who was involved in an accident on a ski slope operated by [Y. AG] in January 1997. The skier lost consciousness after a fall and slid down a slope, crossed a mound and fell into a ravine, resulting in serious injuries. The skier brought an action against [Y. AG], claiming compensation for the damages suffered.
The Cantonal Court dismissed the claim, considering that [Y. AG] had not breached its duty of care. The skier appealed to the Federal Court, which upheld the Cantonal Court's decision.
Considerations
The Federal Court examined the question of whether [Y. AG] had breached its duty of care by not sufficiently protecting the ski slope from potential hazards. The Court considered that the duty of care of cable car companies includes the obligation to take measures to prevent accidents and protect skiers from potential hazards.
The Court also examined the guidelines of the Swiss Commission for the Prevention of Accidents on Ski Slopes (SKUS) and the Commission of Legal Questions on Ski Slopes of Swiss Cable Car Companies (SBS), which provide that ski slopes must be secured against potential hazards, including the edges of slopes and risk areas.
However, the Court considered that [Y. AG] had not breached its duty of care, as the ski slope in question met the applicable safety standards and the safety…