Amélie S. * († 14) drove from Luegli to Geils in 2015 as part of a ski school group and apparently followed tracks on a hilltop that led away from the piste. About 1.2 meters from the runway, she fell head first into a trench almost three meters deep and got stuck there.
She could no longer get oxygen in the ice water and snow and also suffered internal bleeding. This is because she apparently fell on her stick. On the day of the accident, the girl succumbed to multiple organ failures in the hospital.
The regional court of the Bernese Oberland in Thun came to the conclusion in May 2020 that the man had marked the ditch, but not sufficiently secured it. It imposed a conditional fine of 90 units at 130 francs for negligent homicide. The slope manager appealed against this judgment.
Richter: The slope is effectively secured
The Bernese Higher Court now finds that the piste boss has effectively secured the creek ditch for those piste users who fall on the piste or swing into the edge area in a controlled manner. This is done with black and yellow marker poles and rope pennants stretched in between. That emerges from the judgment published on Tuesday.
For skiers who would consciously ski outside of the piste – albeit in the edge area – there is no safety obligation. There was no breach of duty of care. The signaling at the scene of the accident that the prosecution described as necessary would not have prevented the girl’s death.
The judgment can still be referred to the Federal Supreme Court. The “Berner Oberländer” and its sister newspapers were the first to refer to the judgment on their online pages on Tuesday. (SDA)