🎿 Case Overview

A skier who veered off the normal S-shaped trajectory on a slope and collided with another skier was held 80% liable for the accident.

Court awarded ₩11.31 million in damages to the injured party.



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📌 Facts

Date/Location: January 2023, around 9 PM, ski resort in Muju, South Korea.

Victim A was skiing downhill, making small-radius left-right turns.

Defendant B came from A’s right side, descending in a path that deviated from the normal S-curve, entering A’s trajectory and causing a collision.

Injuries to A:

Closed fracture of clavicle/acromion

Multiple bruises

2-week hospitalization

Surgical insertion of metal plate → later removal surgery 3 months later


Damage to A’s ski gear also occurred.



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📌 Court’s Legal Reasoning

✔ B’s Fault (80%)

Skiers must:

Check surroundings

Predict others’ direction

Maintain a normal trajectory


B violated this duty by:

Not maintaining typical S-shaped path

Entering A’s line of travel

Failing to keep proper lookout


Therefore, B bears primary liability.


✔ A’s Contributory Negligence (20%)

Skiing is an inherently risky sport involving high speed and collision risk.

A was skiing at relatively fast speed.

A also had a duty to:

Watch ahead and to the sides

Predict others’ movements

Adjust speed or direction


A’s negligence reduced B’s liability to 80%.



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📌 Defendant’s Argument Rejected

B argued that A was a ski instructor, thus owed a higher-than-normal duty of care.

Court rejected this: A was skiing simply as an ordinary user, not in an instructor role, so no heightened duty applied.



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📌 Damages Awarded

Court recognized:

Medical expenses: ₩6.26M

Gear damage: ₩1M

Lost income: ₩3.14M

Subtotal: ₩10.4M → 80% = ₩8.32M

Emotional damages (consolation money): ₩3M

Total: ₩11.31M

Article: https://www.lawtimes.co.kr/Case-curation/213218