May I express my sincere thanks for the way in which Grant Evatt has conducted this claim. I could tell from the outset he adopted a professional approach based on his experience and knowledge in this line of work.

Mr Woodhead

News

What Happens when Skiing Goes Wrong

Tue 31st Jan 2012 Claims abroad

Snow sports are increasingly popular among British tourists, who travel to countries including France, Italy and the US every year in search of winter adventures. Unfortunately, it is not uncommon to hear of British skiers and snowboarders who have sustained injuries after colliding with foreign tourists or even an inanimate object. Indeed, two recent cases in Europe have resulted in ski resorts having to make substantial payouts to injured skiers. These claims have been successful due to the poor upkeep of ski facilities which have resulted in skiers colliding with a concrete post and rocks, sustaining serious trauma.

Bringing a skiing claim can involve complex legal considerations. You should always seek specialist advice if you have been injured abroad or involved in an accident on the slopes.

Some cases involving skiing or snowboarding accidents can be brought in England/ Wales and they often will be subject to the normal principles of negligence insofar as the claimant would need to prove a duty of care existed, that this duty was breached and that the breach caused the harm.

To highlight the complexities of bringing a case involving an accident that occurred on a foreign slope, there are a number of issues to keep in mind:

--- The rules of the slopes will vary from one country to the next. North America and Europe have codified systems (YRC and FIS respectively).

--- Complex jurisdictional rules may well apply. For example, if an English skier is injured by a Canadian snowboarder on an Italian slope there may be a choice of jurisdiction – a choice that would likely hinge on legal costs, the amount of damages available and the recoverability of an insurer's outlay.

--- The law of the country where the accident occurred will need to be taken into account, even if you are able to pursue the claim in the Courts of another country, notably England and Wales. The law of the country where the accident occurred now plays a central role following Rome II and will govern liability for the accident as well as the amount and types of damages an injured party can recover.

--- Compensation for defective equipment may be available under the laws of the country where the accident happened. In some European jurisdictions this can mean the onus is on the supplier of the equipment to prove it was not defective.

--- Tour operators may also be liable under the Package Travel, Package Holidays and Package Tours Regulations 1992 for both defective ski equipment and negligent ski instruction if this is provided as part of a package holiday.

--- There is an increasing trend for finding ski slope operators and local municipalities liable for an accident if they were to blame for a ski lift fault or poor upkeep of the piste and facilities made available to skiers. Whatever the circumstances of your ski accident, it is essential that professional legal representation is sought immediately. The above is just a taster of some of the issues that arise following a skiing accident abroad.

If you were injured following a skiing accident abroad and need assistance in pursuing a claim for compensation, contact Blake Lapthorn's Claims Abroad team on 023 8085 7423.Alternatively, please fill in our Contact form and we will call you back.