Tort liability. Affirmative accident occurred on a tourist route, resulting in the death of a person. Alleged failure to take the protection measures in order to prevent the visitors’ injury. Failure to meet the elements of civil liability. Victim’s be

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

The accident ended in the victim’s death as a result of slipping into a pit cave actually occurred outside the tourist route, which was adequately marked, including in relation to what concerns the demarcation of the area in which the visitors’ access is permitted. An absolute duty of care, in the virtue of which the dangerous mountainous region should have been identified and fenced so that the persons’ access should be objectively impossible, cannot be imputed to the defendants. 
Leaving the area of the tourist route shall be a breach of the special legal provisions in the matter related to visiting the caves and pit caves. 
The rules of conduct established under legal provisions are only efficient if complied with, and in order to avoid accidents an adequate conduct on the tourists’ part is necessary. The mountain area has risks, which should be known and assumed by all persons who want to access it, and the marking and arrangement of all potentially hazardous places, outside the mountain route, is, objectively, impossible. 
The fact that leaving the marked tourist routes is done on its own responsibility is a reality which should be analyzed with maximum care, and the person assuming this risk is  responsible for this kind of option.