Post by account_disabled on Mar 7, 2024 3:41:40 GMT
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 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 Therefore, the ruling handed down in the first instance and appealed by the entity has been revoked, and consequently, the AP has dismissed the plaintiff's claim. (Photo: E&J) The actor voluntarily assumed the danger of the activity 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 Fax Lists 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.
Likewise, the defendant's witness, who participated as a guide in the activities, added that she explained to them that the route took place in a real mine, so they were told that they should walk along the tracks, with their hands never below the waist, and that they used three points of support, having the possibility of omitting "worse steps" since there were different ways to do the route. One of which, she explained, was the place where the accident occurred, the final exit stretch, which was not a mandatory stopover on the route and which was already tired.
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 Fax Lists 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.
Likewise, the defendant's witness, who participated as a guide in the activities, added that she explained to them that the route took place in a real mine, so they were told that they should walk along the tracks, with their hands never below the waist, and that they used three points of support, having the possibility of omitting "worse steps" since there were different ways to do the route. One of which, she explained, was the place where the accident occurred, the final exit stretch, which was not a mandatory stopover on the route and which was already tired.