Question juridique clé
Whether the lower court violated the appellants' right to be heard and right to evidence by refusing to take timely offered evidence on the safety of the rafting route.
Solution extraite
Yes. The appellate court held that the appellants had timely offered evidence and that the lower court erred by assuming evidentiary failure and refusing to take the evidence on a legally relevant fact.
Motifs extraits
The requested expert evidence concerned a relevant factual issue. The lower court treated the appellants as bearing the burden of proof, found non-proof of a duty breach, and nevertheless did not take the duly offered evidence. This violated Art. 29(2) BV.