The responsibility of experts in mountain activities
A matter of concern for those who organise mountain activities is that if an accident occurs and a complaint is lodged, there is a possibility that a judge may determine that they are liable. In making this decision, account is usually taken of the experience and training that these people have in carrying out this type of practice.
Whose responsibility is it in mountain activities?
When practising any activity in the mountains, such as hiking or running, for legal purposes the civil liability is that of the guides, monitors, organisers or professionals.
Although there is no specific legal regulation on hiking and mountaineering activities, the organising institution must assess in detail each of the risks and take responsibility for damages that may occur in case of negligence.
On the other hand, if the trip to the mountains is made between friends, the person who takes on the role of leader or guide of the group shall be responsible for in the event of any incident or accident. In this way, he assumes full responsibility for the group regardless of whether his services are paid or unpaid.
In order to avoid this type of situation, the risk of any type of accident must be minimised. To achieve this, the group leader or guide, whether professional or not, must ensure that all the appropriate procedures are followed for the safe practice of the activity in the mountains.
Why does the responsibility lie with the experts?
Mountain sports have a number of undocumented rules intrinsic to them, such as the existence of restrictions on carrying out certain activities or doing so in certain natural areas. For this reason, it is expected that whoever is in charge of organising an activity or whoever takes the leadership of the group has the necessary experience and training to ensure that the activity is carried out safely.
The following are some of the main situations in which the following may occur the guide, leader or organiser can be labelled as negligent and irresponsible, with the consequent problems that would arise in the event of an incident or accident:
- The ignorance of the characteristics of the natural environment The project will be carried out in the area in which they will be working, as well as the activities that will be carried out there.
- Lack of knowledge about how to correctly execute each of the technical manoeuvres to be carried out.
- The lack of a planning The weather conditions will be appropriate in order to know in advance the atmospheric conditions that the group will encounter during the activity.
- Failure to comply with the security protocols that have been established for each of the mountain activities and that have to be strictly adhered to.
Preventive measures to reduce liability
Whichever organisation or person has the most experience within a group is responsible for it. Therefore, it is very necessary to remember to apply certain preventive measures with the aim of reducing the responsibility of experts in mountain activities:
Some of these measures are listed below:
- Inform the group in advance about the route and the activity. to be performed, the risks associated with it, the physical condition required to perform it and the personal equipment to be carried.
- Carefully inspect the material that each member of the group is going to wear and do not allow those who are not equipped in the correct way to participate in the route or activity.
- Participants must wear the necessary equipment to handle any kind of contingency, such as light sleeping gear, water, survival rations and ropes, among others.
- Notify all persons who are to participate of their participation about your obligation to follow the instructions in detail at all times and the consequences of not doing so.
- Inform the group about all the security measures The guide is exonerated from liability if any member of the group fails to follow them. If any member of the group fails to follow them, the guide is exonerated from liability. This can even be written down as evidence.
- An important precautionary measure is to make sure that you always carry a first aid kit well equipped, radio station, torch and spare batteries.
Conclusion
In the development of a mountain activity, the people with the greatest experience in the execution of certain manoeuvres are the ones who have civil liability in the event of accidents.
This is why one must be very strict in taking all possible precautionary measures in order to reduce the risk of accidents occurring. This will reduce the risk of accidents occurring. the responsibility of experts in mountain activities.
SOURCES: Safety & Rescue / Made in Mountain
