Downhill Race Leads to Uphill Battle

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Decisions

In an unprecedented lawsuit, a 6-year-old girl has been sued following a skiing accident in which the child collided with a woman sharing the mountain. The alleged misconduct “took place on the slopes of Hochhäderich Mountain in the Bregenzerwald forest,” in the Austrian mountain regions.

The young girl was part of a group ski lesson, in which she apparently took a sharp turn and ran into the woman. In most cases involving a minor, the injured party would usually attempt to seek damages from the parents, which she did: It was dismissed immediately. So in a final course of action, the injured woman is now suing the 6 year old for 38,000 euros.

Although Austria has a law that states that a child under the age of 14 cannot be held legally responsible for their actions, there are special circumstances which a judge can rule if the child at hand is capable of understanding the ramifications of their actions. While the child was not injured during the collision, the woman is claiming serious injuries resulting in close to 40, 000 euros of damage.

The precedent in the first civil case against the parents was found abhorrent, as putting yourself in the middle of a mountain with recreational skiers is understanding enough, that anything can happen. As this case is expected to be thrown out, let’s hope it is, as her allowance will certainly not cover the balance.