What is legal liability?
It is the legal obligation to accept the harmful consequences of an event, which may give rise to compensation or reparation for the damage caused. It is considered that the author of a damage must answer for it, whether he was at fault or not.. It is understood that someone is the author of damage when he has acted without due diligence, without foreseeing all the acts and possible effects derived from his action.
Who can be responsible for hiking and mountain activities?
In accidents due to the practice of outdoor activities, such as hiking and mountains, guides (whether professional or not), monitors, professionals, organizers, etc. may be held liable for legal purposes.
How does the law work in hiking and mountain activities?
There is no legal regulation on hiking and mountain activities, but some questions can be extracted from several sentences that, by way of example, can be indicative of when liability is incurred:
- In a group of friends who practice hiking or other mountain activities, whoever assumes the role of leader or guide is responsible if an accident occurs.
- The monitor or guide cannot be exonerated from responsibility for their lack of professionalism or because their services are not remunerated.
- Whoever assumes the leadership of the group must take the necessary measures to avoid dangers. For example, the leader of a group or guide, whether professional or not, must guarantee that the appropriate material is taken for the practice of the activity.
- The monitor or guide is not responsible for the disobedience of the group, except in the case of minors.
- Any entity organizing a hiking or other activity of this type is responsible for damages caused by negligence. For example, the material for the practice of the activity is in poor condition and causes an accident.
- If the monitor, guide or organizing entity incorrectly assess the risks, they are responsible for acting negligently.
Is there a specific regulation in the Canary Islands on civil liability in hiking and mountain activities?
There is a regulation of active tourism in the Canary Islands, which requires the contracting of Civil Liability insurance and Accident insurance, to those persons (individuals or legal entities) who organize or carry out active tourism activities, including hiking or mountaineering.