Personal injury advice from
Thompsons Solicitors
£42,500 Damages for Victim of Skiing Accident Caused by Negligence
19th December 2006
A claim was recently made by our lawyers on behalf of a school teacher, who suffered injuries in an accident on holiday due to badly fitted skis. Her accident occurred whilst skiing on a trip with her school.
Sporting Injury
The teacher was on a school trip at the time of her sports injury and fell whilst skiing downhill. Her skis and ski bindings were fitted by a ski-hire shop, however her left ski failed to release as she fell and she suffered a fracture to her tibia.
Badly Fitted Equipment
Correctly set bindings should allow the ski to release when it is subject to a certain amount of force, for example during a fall. When bindings are fitted, the skier’s height, weight, boot size, age and experience should all be taken and factored in.
The claimant gave evidence that when the technician fitted the bindings for her, she was not asked any questions about these factors. She therefore felt that the package tour organiser was vicariously liable for her personal injury under the Package Travel Tour Regulations 1992.
Compensation Claim
Both sides appointed ski experts to provide evidence to determine whether correctly set ski bindings would have prevented or significantly reduced the claimant’s injury. It was concluded that this was the case.
The Judge accepted that the claimant should have been questioned as to her details and ability and that these should not have been gauged by sight and guess work.
As the teacher had been amongst the last people fitted in a group of 47 skiers, at a very busy time of year, the fitting of her skis had been hurried and the bindings not correctly adjusted.
She was awarded £42,500 damages in respect of her injury and losses.
Injury Claim Advice
If you have suffered a personal injury caused by someone else’s negligence, you may be entitled to claim compensation. Our lawyers are specialists in all areas of personal injury, including sports accident and holiday accident cases, and can offer expert advice and assistance with your case.
Contact The Legal Line on 0800 0328511, or complete an online claim enquiry form.
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