Questione giuridica chiave
Whether the insured's conduct constituted a relative risk under accident insurance law
Decisione estratta
Yes. Climbing a facade or slender espalier tree in slippers without a heel, over a height of about 5 meters, was a reckless and particularly dangerous act.
Motivazione estratta
The insured knowingly exposed herself to a very great danger. The exact route of the climb was immaterial; in either version the activity involved substantial and not reasonably controllable danger.