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Skier left tetraplegic wins claim against instructor

09 January 2009

The Courts have confirmed that a ski instructor has an obligation to consider skiers’ experience and whether ski runs match experience.

Failure to do so can amount to negligence if a skier is subsequently injured in an accident.

In the case of Graham Anderson v Jerome Portejoie (2008), ski instructor Mr Portejoie had taken a group of five skiing. On the fourth day they skied off-piste through trees, and Mr Anderson 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.

However in this case, the slope on which the accident occurred was steeper than any off-piste skiing the group had done that week, with snow conditions requiring more skill, and the trees adding to the risk.

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.

The Court went on to say that 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. In this case, because Mr Anderson had not expressed his concerns, his compensation was reduced by a third.

Specialist personal injury solicitor Sara Hunt said: “Skiing is a sport enjoyed by many, but 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 the Courts have made it clear if they fail to do so they will be held accountable.”

Shoosmiths has a team of dedicated, approachable and experienced lawyers with a proven track record of dealing with complex and serious injury claims.

We provide free initial advice and can pursue claims on a no-win-no-fee basis. Hospital and home visits can be arranged.

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