Skier left tetraplegic wins claim against negligent instructor
A precedent may have been set for those injured while skiing, or on an adventure holiday, after a recent court case ruled ski instructors have an obligation to consider skiers’ experience and whether ski runs match experience.
The case of Graham Anderson v Jerome Portejoie (2008), heard how the ski instructor (Portejoie) had taken a group of five skiing. On the fourth day they skied off-piste through trees, and the claimant and another pupil fell over several times.
On the fifth day, the group skied down a steep on-piste slope. Two pupils expressed concerns that they would not be able to ski the slope, but with the instructor’s guidance the group reached the slope without falling.
However, on the day of the accident, the group was asked to ski down a steep off-piste slope in an area with trees. Mr Anderson lost control on a turn and collided with a tree. The injuries he sustained left him tetraplegic.
The court accepted that just because members of a ski group did not cope particularly well with aspects of the tuition, this did not necessarily mean the instructor could not suggest something more demanding. Taking all these factors into account, the court was satisfied that the instructor had not properly considered the capabilities of the group or whether they could cope with the slope he was asking them to ski.
However, the court confirmed a skier should also take some responsibility for telling the ski instructor if he believes that the slope he is being asked to ski is beyond him, so this case, because the claimant failed to do so, his compensation was reduced by a third.
Sara Hunt, personal injury solicitor at Shoosmiths, said: “This case illustrates the serious risk of injury if skiers do not have adequate tuition or ski off-piste. Ski instructors have a responsibility to look after the safety of their pupils, and be held accountable.”