Bayrischzell - Snowboard student Caroline L. (name changed) actually had a beautiful day on the slopes on February 24, 2018.
But she was seriously injured in an accident in the elevator area - a case that is now in court.
That happened: Together with her snowboard group, Caroline L. took the Kitzlahner four-person chairlift up the mountain in the Sudelfeld ski area.
As she got out, however, the chair thundered against her head.
She fell to the ground and was unable to move.
One of Caroline L.'s vertebrae had burst.
Instead of on the slopes, she ended up seriously injured in the hospital, where she had to be operated on.
Caroline L. sees the blame for the accident at Bergbahnen Sudelfeld GmbH.
This “did not properly monitor” the lift area, it says in the complaint.
The railway operator should have stopped the lift immediately to prevent the collision.
Because the monitoring person did nothing, the railway had violated its obligations.
In a lawsuit before the Munich II regional court, L. demanded around 85,000 euros - at least 50,000 euros in compensation for pain and suffering, 5700 euros for travel expenses and medical co-payments, 25,700 euros for housekeeping damage, 3600 euros for legal protection insurance and the determination that the Bergbahnen Sudelfeld for everyone further damage must arise that could result from the accident.
Lift operator rejects guilt
The lift operators rejected the guilt.
It is a "sole fault of the plaintiff," wrote the defendant's lawyers.
The lift area was correctly monitored.
The snowboarder, however, “did not leave the chairlift properly and quickly”.
This was not apparent to the staff member and could not be avoided.
Even if the danger had been recognizable, it would not be possible to stop the chairlift in time in such a short time.
In addition, the GmbH turned against the amount of damage and considered the required compensation of 50,000 euros to be "far exaggerated".
The accusation: the lift stopped too late
Caroline L. testified herself as a witness in court. When exiting the chairlift, you practically slide straight ahead, she said. She got out as always. You could not explain why the fall happened. She already knew that she had to clear the ramp and was also moving when the lift hit her in the head. In the four-seater chair behind her came mountain guards who could still get out. One of the men said: “Turn off the elevator.” Her opinion: “The man from the elevator should have reacted. He should have seen that I needed more time. "
The snowboard instructor reported that he had observed what was happening out of the corner of his eye.
He thinks the applicant hesitated because of the ramp.
After getting out, she might have slipped a meter or two, otherwise she would have been no distance from the gondola.
This is how the court decides
The Regional Court of Munich II dismissed Caroline L.'s action.
The chamber could not detect any breach of duty by the Sudelfeld mountain railways.
Rather, L. acted wrongly.
“The plaintiff would have been obliged to clear the exit area.
It is not clear why she did not do this.
Objectively, she was not prevented from doing this, possibly because of the steep ramp there was a hesitation. "
There was no reason for the man in the lift house to stop the gondola. Even if the plaintiff had initially hesitated, it would have been possible at any time to clear the exit area. “It is entirely her responsibility that she did not do this.” The question of whether the lift could have been stopped in good time was no longer an issue. The plaintiff can still appeal.
