Skiing Accident Claims

The opportunity to spend holidays skiing or snowboarding is one that tempts many of us to the slopes over the winter period. Engaging in these snowy activities can be great fun and a fantastic way to keep fit, and millions of us from the UK spend our winter holidays this way.

However, there are also dangers inherent to winter sports. A report from the UK Foreign and Commonwealth Office showed that over a 4 year period, 58 people from the UK died during skiing and snowboarding holidays while thousands more suffered injury, both on and off piste. More recently, ABTA reported that during the last ski season, more than 200 significant injuries among British holidaymakers.

What are skiing accident claims?

Skiing accident claims refer to the legal process of seeking compensation for injuries sustained in a skiing accident. These claims can be made against the person or organisation responsible for the accident, such as a ski resort, tour operator, or another skier.

Given the complexities involved, including different legal jurisdictions and the need to establish liability, it is crucial to have a specialist lawyer to navigate the process and ensure the best possible outcome.

Types of skiing accidents

Skiing accidents can occur due to various factors, including:

• Collisions with other skiers or objects
• Faulty equipment or ski lift malfunctions
• Poor instruction or supervision
• Hazardous ski slope conditions
• Reckless behaviour by other skiers

These accidents can result in a range of injuries, from minor cuts and bruises to more serious conditions such as spinal injuries, broken bones, and head trauma. Understanding the cause of the accident is essential for building a strong personal injury claim.

Can I make a skiing injury claim?

To make a skiing injury claim, you must have been injured in a skiing accident that was not your fault. This can include accidents caused by the negligence of another skier, a ski resort, or a tour operator. You may also be eligible to make a claim if you were injured due to faulty equipment or a ski lift malfunction.

To be eligible for a skiing injury claim, you must also have suffered a significant injury that substantially impacted your life. This can include injuries that have resulted in:

• Significant pain and suffering
• Loss of earnings or income
• Medical expenses
• Rehabilitation costs
• Other related expenses

It’s essential to seek advice from a specialist lawyer to determine your eligibility for making a skiing injury claim. They can help you navigate the process and ensure you receive the compensation you deserve.

Claim compensation for a skiing accident

Many of us Britons are just occasional skiers, and once a year, we will venture onto the slopes of France or Switzerland for some exhilarating exercise. When injuries occur, it is often due to our lack of fitness and the inherent difficulty of the sport.

Seeking an accident claim for compensation for injuries sustained in skiing accidents is crucial, as timely action and legal guidance can strengthen your case. Orthopaedic surgeons in Harley Street have a busy time in the spring repairing ruptured knee ligaments and the like for returning 40-somethings.

Civil claims after a skiing accident

Sometimes, however, the injury is serious; occasionally, there is a fatality, and sometimes, the accident was caused by somebody else’s careless or reckless act. In those cases, it may be worth consulting a lawyer about a personal injury claim.

Winter sports, such as skiing and snowboarding, carry significant injury risks, and it is crucial to seek legal assistance if you are injured while participating in these activities.

The death of actress Natasha Richardson in 2009 prompted calls for ski helmets to be made compulsory. She died from head injuries sustained in a fall down a piste in Canada. There followed three fatal accidents involving British skiers. A young man was reportedly racing at 100kph when he crashed into a snow cannon at the side of the piste.

He was not wearing a helmet. Then, a teacher was skiing off-piste in France when he got into difficulties and fell about 200 metres down cliffs to his death. Finally, a man in his sixties died after he crashed into a rock in poor visibility in the French Alps.

A ski helmet will undoubtedly reduce the risk of sustaining a head injury in a skiing accident, and this particular piece of safety equipment is becoming more prevalent on the pistes of Europe. It is not compulsory, though, and in any event, it will not guard against the risk of spinal or back injuries caused by the recklessness of other skiers.

Ski collisions and reckless skiers

If a skier disregards the usual rules and etiquette about speed and gives priority to those ahead, they risk a civil claim being brought against them by those they injure in collisions.

The International Ski Federation provides rules of conduct for skiers to help prevent such incidents. The guilty party’s insurers will pick up the tab under their public liability cover. if you have been injured in similar circumstances, you should exchange details with the other party and obtain the contact details of any witnesses.

Faulty equipment and poor maintenance

Rental shops must ensure skis, bindings, and other equipment are in good working order. Before hitting the ski slopes, it is crucial to ensure safety and proper preparation, including checking equipment and understanding slope rules.

If a binding fails to release in a fall due to poor maintenance, the rental company could be held liable. Similarly, ski resorts are responsible for ensuring slopes are clearly marked and safe. If an accident occurs due to a missing sign or a poor lift, you may have grounds for a sports injury claim.

Instructor negligence

Ski instructors have a duty of care to their students. If an instructor takes you to a slope beyond your ability level or gives you challenges you aren’t ready for—perhaps due to language barriers or inattention—and you suffer an injury, you may have grounds for a successful claim against the ski school.

Package holiday claims and jurisdiction issues

Skiing accidents almost inevitably occur abroad, where there will be a different legal jurisdiction (and that includes Scotland!). If an accident happens abroad, it adds further complexities to the claims process due to varying international laws.

This adds a layer of complexity to any claim, but if the ski trip was effectively a package holiday – and many are – then the claim can be brought against the tour operator in this country as a package holiday claim.

How much compensation will I get for my skiing injury claim?

Compensation for a skiing injury varies widely based on the specifics of your claim, including the severity of the injury, the circumstances leading to the injury, and the long-term impact on your life and earning potential.

Serious injuries can significantly increase the amount of compensation due to the extensive harm and long-term effects they cause. To calculate the right amount, your lawyer will assess every aspect of your claim to make sure you are fully compensated.

Common skiing and snowboarding injuries we see

Skiing accidents happen at speed, on hard surfaces, often in remote locations and frequently abroad. The injuries we see fall into a handful of clear patterns and the liability picture varies depending on where and how the accident happened.

Collisions with other skiers. Reckless skiing, skiing out of control or skiing under the influence cause the largest share of preventable skiing injuries. The Fédération Internationale de Ski (FIS) rules of conduct set the standard and breach of them is usually enough to establish liability. Outcomes include spinal damage, brain injury and multiple fractures.

Knee and ligament injuries. ACL ruptures and MCL tears are the single most common serious ski injury, often caused by bindings that failed to release when they should. Ski hire shops are responsible for setting and testing binding DIN values to the customer’s weight, height and ability.

Tree and obstacle impacts. Skiers leaving the marked piste, or being forced off it, who hit trees, rocks or lift pylons suffer high-energy blunt trauma: head injuries, internal injuries and fatal trauma. Inadequate piste marking, missing padding on lift pylons and uncontrolled run-outs all feature in our claims.

Lift accidents. Chair lift falls, drag lift entanglement, gondola door failures and lift collisions cause severe injury where the operator has failed to maintain equipment or supervise loading. Resort operators owe a high duty of care to passengers.

Snowboard and beginner injuries. Wrist and shoulder fractures from outstretched-hand falls dominate snowboarding injuries. Inadequate beginner-area separation, badly groomed nursery slopes and instructor negligence drive the claims.

Avalanche and off-piste accidents. Avalanches (and other catastrophic alpine incidents we cover under extreme sports claims) kill or seriously injure skiers off-piste and occasionally on poorly marked routes. Where a guide, instructor or resort failed to check avalanche forecasts, used unsafe terrain or skipped beacon checks, liability can be established.

Equipment failure. Bindings that don’t release, ski edges that fail, broken poles and faulty helmets cause both the original accident and worse injuries on impact. Hire shops are responsible for the kit they supply.

Instructor and ski school negligence. Instructors who take a group above their level, ski too fast for the line, choose unsuitable terrain or skip safety briefings cause many of the cases we see. Ski school operators carry insurance that responds to these claims.

Package holiday and jurisdiction issues. Where the accident happened on a package holiday, your UK tour operator may be directly liable under the Package Travel Regulations 2018, and we deal with these alongside our wider holiday accident claims. Where it didn’t, we can usually still bring a claim, although it may need to be brought against the foreign resort, instructor or operator under their local law.

How can Osbornes Law help?

If you’ve suffered a skiing injury, you may be entitled to compensation. Our expert solicitors will guide you through the compensation claims process and secure the best possible outcome. Contact us today for a consultation. Call 020 7485 8811 or fill in the contact form below.