Skiing accident holiday claims and apportioning of liability

Skiing is an exhilarating holiday pastime enjoyed by around 1.2 million people from the UK each year, but the risk of personal injury can be high. Skiers are advised to look very carefully at the terms of their holiday insurance to ensure it offers maximum protection in the event of a holiday claim.

Skiing accidents can prove costly for insurers to settle. The following is a list of insurance settlements for costs of accidents in 2006/2007:

£18,000 for an injured knee after a skiing accident in France
£24,000 for a fractured tibia (below the knee) in the US
£46,000 for a broken pelvis, fractured vertebrae and head injury in the US
£20,000 for a fractured tibia and fibula (below knee) in Canada
£10,000 for helicopter rescue costs
£1,200 charged for dog handlers and searchers

If your holiday insurance is not sufficient you or your family could be asked to cover these costs after an accident.

The number of holiday insurance claims after skiing accidents continues to rise and insurance companies are meticulous in their reviewing of policies. In many cases the insurer will try to show that the holiday maker has invalidated the terms of their cover. When the accident involves skiing it can be hard to prove that you were not behaving recklessly or that you were following all safety procedures.

In 2008, a 46-year-old man who was left wheelchair-bound for life after a devastating skiing accident in France sued his tour operator for a multi-million-pound compensation claim at the High Court.

The holidaymaker was taken off-piste by the adult ski-school instructor even though he had "frequently fallen" when taken off-piste earlier in the holiday. He lost control whilst skiing and crashed into a tree with horrific consequences. He is now permanently paralysed in all four limbs; a condition known as tetraplegia.

The father-of-two made a holiday claim against the tour operators, claiming that the holiday contract stated that services would be provided with reasonable care and skill, and he alleged that these terms were contravened. The tour operators denied liability alleging that he was reasonably aware he was not a competent enough skier to tackle the slope.

The tour operator apportioned blame with the ski instructor. The instructor's barrister argued that there was "slender support" for the holidaymaker's accusation that negligence lay with the instructor.

YouClaim and holiday injury claims
If you have sustained injury in a skiing holiday accident that was not your fault, we can advise you very quickly if we believe you would be eligible to make a compensation claim. We will then provide you with an experienced and specialised personal injury solicitor who will undertake the compensation claim on your behalf.

Working on a no win, no fee basis our professionals work to strict and exacting standards laid down by the Solicitors Regulation Authority. Our success rate is high and you are guaranteed to receive 100% compensation in the event of a successful claim.

Call our free UK helpline on 0800 10 757 95 or have an e-chat. If it's not convenient right now we can call you back, or you could give us a few details about your holiday injury claim by filling in our online claim form and we will call you to discuss it further. However you contact YouClaim you can be assured we will give you the best service available.