If you dedicate yourself to the organization of sports and adventure activities, such as hiking or mountaineering, you need to know the legal consequences that this can bring you regarding the possible accidents of the participants.
What is civil liability?
It is the legal or moral obligation to accept the 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 they have acted without due diligence, without foreseeing all the acts and possible effects derived from their action. Legally there are three types of facts:
- willful: when the damage is caused intentionally
- guilty: when damage occurs even if there is no intention to cause it
- Irresponsible: when damage occurs accidentally.
Who is responsible for accidents in 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. It does not matter if the organizer of the activity does it with or without profit.
There is no specific legal regulation on civil liability for accidents in hiking and mountain activities, but several questions can be extracted from some 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.
Practical advice for the practice of Sports and Adventure activities
Any person, guide, monitor or organizing entity of an active tourism activity, such as hiking or mountaineering, must take certain precautions to minimize their responsibility. These are:
- Inform about the activity that is going to be carried out, possible risks, necessary conditions, adequate material that is needed, etc.
- Inspect the material that each person carries and do not let those who do not carry the appropriate material practice the activity.
- Carry all the necessary material for any unforeseen event (water, ropes, first aid kit, overnight material, etc.)
- Warn the group that they are obliged to follow the instructions of the guide or monitor.
- Inform about all the security measures that must be adopted.
What insurance should I take out to carry out Active Tourism activities?
Below we explain the sports and adventure insurance that are mandatory to hire in the Canary Islands for the organization of active tourism activities:
Active Tourism Accident Insurance
It is an insurance that covers risks due to accident or bodily injury. The usual guarantees are permanent or temporary disability, death, and healthcare. The capitals are usually limited for each of the guarantees. In disability and death they do not usually exceed €30.000 and for health care €3.000.
This type of insurance would be indicated for hiring by practitioners of hiking and mountain activities, either individually or collectively. With this type of insurance you can cover the possible costs of a rescue, as required by the current legal regulation in the Canary Islands.
Active Tourism Civil Liability Insurance
Covers the risk that the insured has obligation to indemnify a third party for damages caused. This type of insurance is indicated for any person or company dedicated to the organization of active tourism activities in the Canary Islands.
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