登山事故判例の分析

概要

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In recent years, trials based on accidents involving mountaineering have been increasing. The reason for this increase is apparently a change in people's awareness of their rights as well as a change in people's former view that mountaineering is a sanctuary protected from lawsuits. A common form of trial is a civil action for damages connected with accidental death through mountaineering. In addition to such actions, there are a few trials dealing with the criminal liability of leaders towards members. In dealing with a negligence action between leaders and members,a court will consider the factors of obligation, due care, and foreseeability of the accident. The leader is subject to the obligation of guarding against reasonably foreseeable risks. The level of care required of the leader varies according to the age, skill level, and ability of the members and the danger or difficulty of the mountaineering.
早稲田大学の論文
1989-03-25