Injuries whilst skiing or snowboarding – What is your right to claim for compensation?
Around this time of year – as the weather draws in and the cold really hits – many people take the opportunity to head to Europe for a skiing or snowboarding holiday. Unfortunately, accidents are all too frequent, and not everyone returns in one piece. These accidents can often result in personal injury – an example of a personal injury taking place during recreational activities is the recent high profile case involving Michael Schumacher.
The question is this: “do you have the right to claim compensation for an injury suffered whilst skiing?”
Injuries suffered whilst skiing could be the result of a variety of factors. It is worth mentioning that a number of these injuries could be due to personal error – an individual attempting a slope beyond his or her own ability, for example. However, a good proportion of incidents occur due to no fault of the injured individual. Examples of where liability for a skiing accident could lie include faulty equipment, the negligence of other skiers, and professional negligence on behalf of a skiing instructor. Many people may consider an injury suffered while skiing to be an unfortunate aside to a fun adventure, yet there may justifiable grounds on which to seek compensation.
The most common – and successful – type of claim is brought under a piece of legislation called ‘Package Travel, Package Holidays and Package Tours Regulations, 1992’. This provides the claimant with the right to pursue a claim where the tour operator is deemed to have been at fault (subject to eligibility – for instance, the holiday must be a package holiday). This law affords the claimant the right to bring a claim in the UK, meaning that any damages awarded will be in fitting with the standard UK basis. This avoids the potential for disputes to arise over issues such as jurisdiction and the level of damages to be awarded – and also resolves any issues over the application of foreign law that could lead to the involvement of foreign lawyers.
In all incidents involving skiing, it is important to gather as much evidence as possible (e.g. the details of the parties involved, the circumstances under which the accident occurred, etc.). Advice from a solicitor should always be sought in order to discuss your best possible prospects of success.
If you have been injured in an accident whilst skiing or snowboarding, contact Hampson Hughes Solicitors – we will go the extra mile to ensure that you receive the maximum compensation to which you are entitled.
For advice on all areas of Personal Injury, call Hampson Hughes Solicitors today on 0800 888 6888.