Accident at the ski resort: contractual or extracontractual liability

Abstract

As a result of the accident that occurred on 18 January 2025 in the Astún ski resort, we are considering the delimitation of civil liability in the practice of this sport in order to determine whether it is contractual or non-contractual. According to the regulations and doctrine, the contract will be what is expressly agreed and within its framework, contractual liability will operate provided that the event giving rise to it occurs under the terms agreed in the contract, although this raises doubts in these cases as it is understood that there is non-contractual liability when the damage is caused by breach of general duties of conduct, regardless of the obligations existing between the parties, as a result of which we have had to analyse the elements of civil liability. In principle, according to the elements studied, we understand that in this case we would be dealing with an assumption of contractual civil liability, although we will analyse it carefully as we understand that the line between both types of liability is very fine, and we must assess whether it is possible to claim liability for damages and compensation for the same.