Kernrechtsfrage
Whether the appellant demonstrated an obviously incorrect or arbitrary finding of facts and thereby a liability-causing breach of the duty to ensure piste safety.
Extrahierter Entscheid
No. The challenged factual findings were not shown to be arbitrary; the appellant’s objections were largely appellatory and unsupported.
Extrahierte Begründung
The Federal Supreme Court is bound by the facts found below unless they are manifestly inaccurate or based on a legal error. The appellant did not meet the strict substantiation requirement and relied on new or inadmissible material, while the lower court’s assessment of the police photos and witness statements was not untenable.