Post by account_disabled on Feb 22, 2024 5:09:09 GMT
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.
However, in summary of the above, the Court Cayman Island WhatsApp Number concludes that the plaintiff does not prove the existence of the necessary budgets to demand liability from the defendant , since it voluntarily assumed the risks that said activity entails after having been informed of the themselves.
Furthermore, it has not been proven that the defendant has failed to comply with any of the obligations assumed in the contract, much less those that are attributed to lack of protection or security measures , and it is also not evident that the protective equipment supplied had any defect. .
"Instead of the documentation provided, consisting of the plan and protocol of the tourist Rampla in Pozo Sotón, inspection records and expert report prepared by the expert and interrogation of the latter, lead to the opposite conclusion, since it is clear that it has all the applicable security measures that are required ”, reasons the Chamber.
Therefore, we are ultimately faced with a risk assumed by those who participate in a risky recreational activity , such as visiting a real mine in which it is perfectly foreseeable that there will be areas that are steeper than others, not suitable for ordinary walks. , and poor lighting, a risk that is not proven to have been in any way increased by the company beyond what any of the participants decided to assume , when it was also possible to carry out part of the route by other less difficult routes, it is not possible to demand the company to install more lighting - as the appealed ruling does - when it already complies with the regulations .
However, in summary of the above, the Court Cayman Island WhatsApp Number concludes that the plaintiff does not prove the existence of the necessary budgets to demand liability from the defendant , since it voluntarily assumed the risks that said activity entails after having been informed of the themselves.
Furthermore, it has not been proven that the defendant has failed to comply with any of the obligations assumed in the contract, much less those that are attributed to lack of protection or security measures , and it is also not evident that the protective equipment supplied had any defect. .
"Instead of the documentation provided, consisting of the plan and protocol of the tourist Rampla in Pozo Sotón, inspection records and expert report prepared by the expert and interrogation of the latter, lead to the opposite conclusion, since it is clear that it has all the applicable security measures that are required ”, reasons the Chamber.
Therefore, we are ultimately faced with a risk assumed by those who participate in a risky recreational activity , such as visiting a real mine in which it is perfectly foreseeable that there will be areas that are steeper than others, not suitable for ordinary walks. , and poor lighting, a risk that is not proven to have been in any way increased by the company beyond what any of the participants decided to assume , when it was also possible to carry out part of the route by other less difficult routes, it is not possible to demand the company to install more lighting - as the appealed ruling does - when it already complies with the regulations .