Scontro tra sciatori e responsabilità del gestore

The Italian Supreme Court’s decision deals with the case of two skiers colliding while skiing downhill. The Court focuses on the liability of the ski resort for the dam- ages suffered by the plaintiff. In facts, in the first and second degree, the Regional Courts granted the plaintiff with compensation by the other skier, but no amount was found to be due by the other resistant, the ski resort. The plaintiff brought then the case before the Supreme Court. He asked the Court to recognise the existence of the ski resort’s obligation to supervise skiers on its slopes. The Supreme Court did not acknowledge any contractual liability to supervise skiers on the company, since it would not have been reasonable to require such supervision in accordance to the ski pass contract. The Court reached the same conclusion in relation to the non- contractual liability: the obligation to supervise skiers could not be implied by article 2043 of the Italian Civil Code, the general provision on non-contractual liability. Nevertheless, in this decision, the Supreme Court stated the juridical principle according to which failure to oversee the skiers’ behaviour on the slopes can lead to noncontractual liability only if the ski resort has been promptly informed of the presence of a dangerous skier on the ski slops. In this specific case, no evidence of the ski resort being informed was brought before the Supreme Court’s attention. On the contrary, in this decision the Court seems to suggest that the plaintiff would have had a better chance to obtain compensation by grounding its requests on article 2051 of the Italian Civil Code, the provision dealing with the liability for things in someone’s care.