 Poster: A snowHead
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This may be an 'urban legend', so it would be interesting if anyone can point to relevant French legislation etc.: I was told some time ago that ski guides in France cannot be prosecuted in a criminal court for negligence. I don't know if they can be sued for damages in a civil court.
Of course, the same question applies to other countries too - I simply picked on France because most Brits ski in France and go off-piste in France - so it would be interesting to know the international picture. And what's the position with ski instructors, on the piste - say the instructor dangerously adjusts someone's bindings or takes a group down a run that's too difficult and a pupil loses control with consequences?
Technically, of course, a British ski guide might be employed to take a group into remote Scottish ski terrain. What would be the guide's legal position if he made a negligent/reckless mistake that resulted in the injury or death of his client? As far as I'm aware, instructors or guides in the UK (or the companies/ski schools that employ them) are not exempted from run-of-the-mill liability law.
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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Well, under English law "negligence" is not, in most circumstances, a criminal offence so you would not find yourself being "prosecuted" for it. Recklessness or an actual intention to cause the relevant harm is the usual standard required for criminal liability.
I know of one English guide who has been sued (in a civil action) for negligence. I don't think the claim against him proceeded but I think that was due to the facts of the case rather than any exemption under law which the guide was able to use.
Facts are what it will all come down to, under English law at least. The court will try to find out what did happen, and what should have happened then determine if the two are sufficiently different for liability to arise.
In the examples you give, causation will also come it. It would be incument on the client to show that the instructor's actions (and not other factors) which caused the injury. Not always straightforward
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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What would be the guide's legal position if he made a negligent/reckless mistake that resulted in the injury or death of his client?
Depending on the evidence, up $hit creek.
If we're talking about death, under English law the instructor could be looking at both a criminal manslaughter charges (where the state prosecutes), and/or civil charges in negligence (where the injured party prosecutes).
If we're talking about injury, then the standard Personal Injury common civil law (i.e. negligence) applies to anyone and everyone - even to corporations in some instances.
Arno, to be fair in England & Wales it's not the judge's role to "find out" what happened. It's up to the prosecuting party to present evidence showing that the defendant caused the plaintiff's damage - the judge waits for the plaintiff's lawyers to do this. If the plaintiff's lawyers fail to do so, then the judge announces the defendant "not guilty". Although yes, contributory negligence (i.e. actions by the plaintiff which, at least in part, facilitated the injury or made it worse) is often relevant in determining damages.
Dunno what the law would be on the continent - any French/German/Swiss/Austrian/Spainish/Italian lawyers floating around Snowheads????
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You need to Login to know who's really who.
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| David Goldsmith wrote: |
| This may be an 'urban legend' |
It is an urban legend.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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Manda, I suppose it is correct to say that it the judge's role to determine liability on the evidence put before him. I think you need to get a few of your other facts/terminology straight though
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You'll need to Register first of course.
You'll need to Register first of course.
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plaintiff? surely you mean claimant...too many lawyers here I think!
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brian
brian
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brian
brian
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