Post by account_disabled on Feb 21, 2024 23:09:04 GMT -6
Therefore, in the case of a risky sport and citing the jurisprudential evolution towards a theory of liability for risk, evaluating the evidence in the record and that practiced at the hearing, the judge estimated the claim, appreciating compensation for fault in a percentage of 50%, given the lack of lighting in the area where the accident occurred and that the plaintiff, having voluntarily accepted the activity, however did not comply with the instruction given to the participants regarding keeping their arms at waist level. .
Against said ruling, the defendant filed an appeal, which has been upheld by the Provincial Court of Oviedo, reasoning that it has not been possible Cayman Island WhatsApp Number to prove by the injured party that the organizer breached its contractual obligations or that they did not apply the necessary safety measures. . Therefore, the ruling handed down in the first instance and appealed by the entity has been revoked, and consequently, the AP has dismissed the plaintiff's claim.
The Provincial Court of Oviedo shares the reasoning in the appealed resolution, regarding the liability regime of the defendant entity to the extent that the actor voluntarily participates in the activity, assuming the risk inherent to his practice , since he had been informed of the dangers. that this visit had through an informative brochure contained on the web, as well as as declared by the witnesses, who stated that upon arrival at the place they received a talk of approximately 10-15 minutes, where in addition to giving them a presentation of the history of the mine and the life of the miners, the content of the activity was explained to them, providing them with safety measures such as clothing, protective helmets,... so that they had the necessary clothing preparation and they were given instructions such as that they had to walk with three points of support.
Against said ruling, the defendant filed an appeal, which has been upheld by the Provincial Court of Oviedo, reasoning that it has not been possible Cayman Island WhatsApp Number to prove by the injured party that the organizer breached its contractual obligations or that they did not apply the necessary safety measures. . Therefore, the ruling handed down in the first instance and appealed by the entity has been revoked, and consequently, the AP has dismissed the plaintiff's claim.
The Provincial Court of Oviedo shares the reasoning in the appealed resolution, regarding the liability regime of the defendant entity to the extent that the actor voluntarily participates in the activity, assuming the risk inherent to his practice , since he had been informed of the dangers. that this visit had through an informative brochure contained on the web, as well as as declared by the witnesses, who stated that upon arrival at the place they received a talk of approximately 10-15 minutes, where in addition to giving them a presentation of the history of the mine and the life of the miners, the content of the activity was explained to them, providing them with safety measures such as clothing, protective helmets,... so that they had the necessary clothing preparation and they were given instructions such as that they had to walk with three points of support.