Skiing compensation claim sets precedent

If you have been injured whilst skiing, or on an adventure holiday, then a recent court case involving a skier who was left tetraplegic after an accident off piste may open up new avenues to explore when seeking compensation.

As reported in Claims Management Magazine, the case of Graham Anderson v Jerome Portejoie involved a skiing holiday to the French Alps in which skiing novice Mr Anderson was part of a group of skiers receiving tuition from instructor Mr Portejoie.  The holiday began with several days of off piste skiing under Mr Portejoie’s instruction, during which members of the group including Mr Anderson fell several times. 

On the sixth day of skiing, Mr Portejoie asked the group to ski down a steep slope in an area with several trees; unfortunately Mr Anderson lost control whilst skiing through this area and collided with a tree, sustaining injuries which left him tetraplegic.  Mr Anderson argued that both the tour operators and the instructor had breached the terms of his holiday package, claiming they breached an implied term in the holiday contract that services would be provided with reasonable care and skill.

The case was decided 2/3rds in Mr Anderson’s favour, as the court felt his instructor had not properly considered the capabilities of the group of skiers under his supervision, given that Mr Anderson and his wife were the least experienced skiers in the group.  However 1/3rd of Mr Anderson’s compensation was deducted because it was decided that skiers must take some responsibility for telling their instructors if they feel a particular slope they are being asked to ski is beyond their ability.  Mr Anderson had not told his instructor that he did not feel he could handle the slope, despite his own misgivings.

The case highlights the responsibilities that people organising and supervising sporting activities have to ensure the safety of participants.  Without adequate supervision and assessment of participants’ abilities, there will be a much higher risk of accident and injury than there would otherwise be. 

Camps Solicitors can help non-fault accident victims to make No-Win No-Fee claims for compensation.  If you have had an accident on a package holiday bought from a tour operator in the UK, we can help you to make a claim for compensation for any injuries you may have suffered.  Call 0800 092 8586 today to make your package holiday accident claim.