Whilst skiing should be an enjoyable activity, if the operator of a ski slope has not correctly maintained it and does not have health and safety policies in place, you could be injured. If you sustained injuries on the slopes as a result, you could make a claim for ski accident compensation.
In this guide, we look at when you may be eligible to make a ski accident claim. We then also look at how skiing injuries may be prevented, whether you could claim for an accident abroad and steps you could take after a ski accident. We then move on to looking at how long you have to make skiing injury claims and how skiing accident compensation you may be awarded. Finally, we look at how a No Win No Fee solicitor could help you make a claim for personal injury compensation.
For help with your skiing injury compensation claim, please contact one of our advisors.
- Talk to us by calling 0800 073 8801.
- Start your claim by sending us a message.
- Use the live chat below to speak to our team about making a personal injury claim.
Jump To A Section
- Can I Claim Ski Accident Compensation?
- How Do I Prevent A Skiing Injury?
- Can I Claim For A Skiing Accident That Happens Abroad?
- What Should I Do After A Skiing Accident?
- What Is The Time Limit To Claim For A Skiing Injury?
- How Much Ski Accident Compensation Could I Receive?
- Claim For A Skiing Accident On A No Win No Fee Basis
- Resources About Personal Injury Claims
Can I Claim Ski Accident Compensation?
If you have been injured on a ski slope or dry ski slope you may be able to make a ski accident claim. In this country, under the Occupier’s Liability Act 1957, those in control of a ski facility (otherwise known as the occupier) owe a duty of care to those using their facilities. This means those responsible for the skiing facility must take reasonable steps to ensure the safety of those using it for the intended purpose. However, if you’ve been injured abroad, this legislation will not apply, but you will still be owed a duty of care.
In order to have a valid reason to make a claim for ski accident compensation, you must show that you meet the eligibility criteria. These are;
- The owner, operator or instructor, or other occupier of the skiing facility owed you a duty of care.
- They have breached their duty of care to you.
- That this breach was the cause of your injury.
Examples of when you could make a personal injury claim for skiing accidents may include;
- A ski lift operator has failed to correctly maintain the lift or has knowingly allowed people to use it whilst damaged. A rider may fall from the lift and suffer a fractured forearm or other injury.
- A ski slope operator or instructor allowed people to use faulty ski equipment which failed and caused harm to a skiing participant, such as an ankle injury.
- The ski slope has not been properly managed, causing skiers to collide and suffer multiple injuries.
What Ski Injuries Could I Claim For?
A skiing accident could cause a variety of injuries. These may include;
- Strains, sprains, bruising and other soft tissue injuries.
- Lacerations.
- Fractured or broken bones.
- A back, spinal or head injury.
- Paralysis.
- Severe brain damage.
For more information on making a claim for ski accident compensation, please contact our team.
How Do I Prevent A Skiing Injury?
According to the government “get fit for ski” resource, 20% of winter sports enthusiasts have suffered at least one injury. Of those who did suffer an injury, 31% of people had a significant injury such as a torn muscle or a broken leg.
The International Ski Federation has published safety guidelines for skiers.
- Respect other skiers on the slopes.
- Control your speed and make sure you do not go faster than you can handle on the slope and in the weather conditions.
- Ensure that your ski route or slope does not put other people at risk.
- Ensure that you follow all rules on the ski slope.
- Make sure that you are aware of your surroundings, look up and down the slope before starting your ski run.
- Do not stop on the ski slope unless necessary.
- Keep to the side of the slope if on foot.
- Respect all signals and marking.
In addition, the Health and Safety Executive (HSE) publishes guidance on the safe operation of ski slopes.
For more information on how to claim a compensation payout for a broken wrist on holiday, please contact our team.
Can I Claim For A Skiing Accident That Happens Abroad?
Whilst there are indoor ski facilities across the UK, many ski accidents may happen outside the UK. If you are injured in a ski accident abroad, you could still make a personal injury claim.
The process to claim for accidents abroad may differ for those which have happened in the UK. If your ski accident happened whilst you were on a package holiday, the UK based travel or tour operator may be liable for your skiing injury. Under The Package Travel, Package Holidays and Package Tour Regulations 1992, package holiday companies have a responsibility for your safety whilst abroad and participating in pre-booked activities.
It should be noted that if you were injured in a ski accident abroad, such as due to faulty ski equipment, during an independently booked holiday, your claim may be made against the resort operator. The process for making a ski accident compensation claim and how long you haveto do will be determined by that country’s respective laws.
Our team is experienced in helping people to make holiday accident claims. For more information on how to make a package holiday injury claim, please contact our team.
What Should I Do After A Skiing Accident?
If you have been injured in a skiing accident there are several steps which you should or could take. These steps could ensure that you get the right medical care for your injuries, that the accident is correctly reported and that you have taken the necessary steps if you intend to make a claim for ski accident compensation at a later date.
Steps to take may include:
- Getting medical help and assistance. If you have suffered a skiing injury you may require immediate first aid, or you may be able to get to a hospital or other medical facility. Later on, if you decide to claim compensation, you can request your medical records, which can help your claim.
- Next, you should report the incident to the relevant party. This may be the operator of a ski resort or indoor skiing facility. The incident should be recorded in their accident report log. Copies of this report can be used as evidence to support your claim.
- You can also take photos and videos which show the cause of the accident and your injuries. This can help to further document the incident.
- You can collect the contact information of anyone who witnessed your accident. This will allow them to be contacted later on to provide a statement.
- Keeping a diary of your injury, treatment and health.
- Keeping a record of any out of pocket expenses or any losses, such as loss of income.
- Contacting a specialist No Win No Fee solicitor. A specialist solicitor could help you to make a ski accident claim.
A specialist solicitor could help you to make a public accident claim against the relevant party. They could help you put together your case and collect evidence.
To find out more about how to claim ski accident compensation, please contact our team.
What Is The Time Limit To Claim For A Skiing Injury?
If your ski accident took place in the UK, you will (in general) have three years in which to make a claim for a ski accident compensation. The time limit for personal injury claims is set out in The Limitation Act 1980.
There are circumstances in which the three year time limit will not be applicable. For example; where the injured party is a child, claims for skiing accidents may be made by a Litigation friend on their behalf at any point till their eighteenth birthday. Following this, the three year time limit will be applicable.
If the person does not have the mental capacity to act on their own behalf, then a Litigation friend may act for them at any point while they are without this capacity. However, regaining their mental capacity would start the time limit, making the three year limitation period applicable from that date.
We should note that if your skiing accident took place outside the UK you may have a different amount of time in which to claim. For more information on ski accident compensation claims, please contact our team.
How Much Ski Accident Compensation Could I Receive?
How much ski accident compensation you could claim will depend on the type of injury you have suffered and how severe it is. It will also be dependent on what other impact the injury has had on you.
Compensation for your pain and suffering is called general damages. These may be calculated using guidelines from the Judicial College (JC).
The table below includes figures for injuries that could be sustained in a skiing accident taken from the JC. We should note that the figure in the first row does not come from the JC. Furthermore, as all successful ski injury settlements are awarded on their individual merits, this table is only to be used as a guide.
Skiing Injury Compensation Table
Injury | Severity | Notes | Compensation Guideline |
---|---|---|---|
Multiple and serious or severe injuries + special damages. | Serious to severe | Multiple forms of injury which are severe. | Up to £1,000,000+ with special damages. |
Injury causing paralysis | B – Paraplegia | Damages may take account of pain, depression, independence, life expectancy and age. | £267,340 to £346,890 |
Brain injury | B – Moderately severe | Compensation will take degree of insight, life expectancy and dependence into account. | £267,340 to £344,150 |
Chest injury | B – Traumatic injury | A traumatic injury to the heart and/ or lungs. | £80,240 to £122,850 |
Back injury | A – Severe (iii) | Fractures or dislocations of discs/ vertebral bodies. | £47,320 to £85,100 |
Neck injury | A – Severe (iii) | Ruptured tendons, soft tissue injuries or fractures and dislocations. | £55,500 to £68,330 |
Pelvic or hip injury | A – Severe (iii) | Fractures which lead to degenerative changes and instability in the leg. | £47,810 to £64,070 |
Foot injury | E – Serious | Injuries which lead to continual pain and either arthritis or the risk of arthritis. | £30,500 to £47,840 |
Shoulder injury | B – Serious | A dislocated shoulder in which there is damage to the brachial plexus. | £15,580 to £23,430 |
Hand injury | H – Moderate hand injury | Soft tissue injuries, deep lacerations, penetrating wounds and crush injuries. | £6,910 to £16,200 |
Compensation for your financial losses caused by your ski injury are called special damages. These damages may compensate for,
- Medical bills and expenses.
- Medication, such as prescription medication.
- Loss of earnings.
- Adaptations to your vehicle or home.
- Travel expenses for getting to and from medical appointments.
In order for your ski injury claim to include special damages you will need to provide evidence. This may include invoices, receipts and bank statements.
Find out how much skiing accident compensation you may be entitled to by contacting our specialist team today.
Claim For A Skiing Accident On A No Win No Fee Basis
An experienced No Win No Fee solicitor could help you to make a successful ski accident claim. They could help to assess the impact the accident has had on you, organise a medical assessment and ensure that you claim for any damages you are eligible for.
If you choose to claim compensation with the support of a No Win No Fee solicitor, they may offer their services through a Conditional Fee Agreement. Using this type of agreement, you will be able to start your skiing accident claim without you having either to pay for their services in advance, or whilst the claim is underway.
Instead, you will only pay if and when you win your claim. Your solicitor will take a success fee from your compensation, which is a legally limited percentage. This means you can start the personal injury claims process without having to worry about solicitors’ fees and costs.
For more information on ski accident compensation, please contact our team. A member of our team can assess your claim and if eligible, connect you to one of our solicitors:
- Call us now on 0800 073 8801.
- Send a message to start your claim.
- Talk to us using the live chat below.
Resources About Personal Injury Claims
Learn more about compensation claims in these guides:
- A skiing accident caused by faulty ski equipment could cause a serious injury to the brain. Find out how to claim in this guide.
- Here we provide information on elbow injury compensation claims.
- Check how much compensation you could claim for a wrist injury in this guide.
References
- Get guidance on winter sports safety in this UK Government resource.
- If you have a broken leg, this NHS resource contains helpful information.
- Learn more about safety in entertainment and leisure in this HSE resource.
Thank you for reading our guide to making a ski accident compensation claim. To start your claim, please contact us today.