Facts
On 18 May 1977, the German tourist X. suffered a serious skiing accident while trying to avoid an obstacle on a slope in the Zermatt resort. He sustained serious head injuries, had to abandon his medical studies, and had to train for an auxiliary medical profession. On 25 April 1984, X. filed a claim for damages and moral compensation against the company Luftseilbahn Zermatt-Schwarzsee-Klein Matterhorn AG. The Cantonal Court of Valais dismissed the claim on the grounds of prescription. X. appealed against this decision.Considerations
The Federal Tribunal considers that ski lift companies that develop and maintain ski slopes incur not only their non-contractual liability, but also their contractual liability for the safety of those slopes. The duty to ensure the safety of the slopes is an ancillary obligation inherent in the transport contract concluded between the skier and the ski lift company.
Although case law and doctrine are divided on this issue, the Federal Tribunal considers that in the case of a ski lift company serving a true ski area, there is a close link between mountain transport and skiing descent. The company generally assumes the maintenance of the slopes and rescue services, which are an integral part of the transport contract. The skier can…