How To Claim Compensation For A Skiing Accident
By Fern Easton. Last Updated 8th March 2021. Welcome to our guide, which looks at ski accident compensation and ski accident claims. Whether you choose to hit the slopes in Canada, Italy or closer to home, skiing is an activity that does come with some risks, so you may assume that if you have a ski accident, you would not be able to make personal injury claims for ski accident compensation. However, this may not be the case. If the ski accident you were injured in was someone else’s fault and they could be held liable for your injuries, then you could be eligible to make a ski accident claim. Within the guide below, you could learn more about making a skiing accident claim. We’ll talk about the types of ski injury that you could experience and what other types of winter holiday accident could lead to you making a claim for compensation. We will also give you information on how to go about making a winter sports accident claim and show how we at Accident Claims UK could make the claims process easier for you. If you have any concerns about your case or would like clarification on whether or not it would be appropriate for us to offer you the services of a solicitor from our panel, then simply call 0800 073 8801. However, your question or concerns may already be covered in the guide below, so do read on to find out.
Select A Section
- A Guide To Ski Accident Compensation Claim
- What Is A Ski Accident?
- On Piste Safety Tips And Rules
- Common Causes Of Skiing Injuries And Accidents
- Common Ski Injury Claims You Could Make
- Head Injuries And Concussions From Skiing
- Soft Tissue Injuries And ACL Damage
- Hand And Thumb Ski Injuries
- Dislocated Shoulders Caused By A Ski Injury
- Off-Piste Ski Injury Claims
- Ski Accident Compensation Calculator
- Examples Of Special Damages For Winter Sports Accident Claims
- No Win No Fee Ski Accident Claims
- How We Could Help The Victims Of Ski Accidents
- Start Your Ski Accident Claim
- Essential References
Many people enjoy skiing as a pastime, and if you are lucky enough to be able to visit a ski resort for some fun on the slopes, you may have a fantastic time. However, if you suffer a ski accident that leaves you injured, not only could some of your ski holiday be taken up with getting medical treatment, in some cases, the consequences could last for a long time afterwards. Within this guide, we take a look at ski accidents, how they could occur and the consequences of some injuries. We also look at ways in which you could stay safe on the slopes and what to do if an accident does happen while you are skiing or snowboarding. If you can prove someone else was liable for injuries you’ve incurred in a skiing accident, we will also show you how much your injuries could attract in compensation, as well as telling you how we could help you begin a claim for ski injury compensation.
A ski accident is anything that occurs on a ski slope that causes you to suffer injuries. There are many ways in which this could occur, including:
- Skier error
- Collisions with people
- Collisions with objects
- Ski lift accidents
- Equipment malfunction
- And more….
Because of the speeds you could reach by skiing, some collisions or falls on the ski slope could be quite significant, but there are lots of minor and moderate injuries that could be caused by a fall or a jump, too, such as broken bones, ligament tears and more.
You may be asking ‘is it dangerous to ski?’ and ‘What are the chances of dying while skiing” at this point, as we have mentioned some of the things that could go wrong. The fact is, many people use the slopes every year without suffering a ski accident, and if you take heed of all the safety precautions and receive instruction that is of a good standard, then you should avoid common accidents on the slopes. According to researchers at John Hopkins’, you are 100x more likely to die in a canoe accident than on a ski slope. However, sometimes things can and do go wrong, and you could be injured in an accident on a ski slope. If you are, and it could be possible to make a claim for ski injury compensation, then we will be glad to help you.
When you are skiing on the slopes or snowboarding, you should abide by the following rules in order to avoid a ski accident:
- You shouldn’t ever put other snowboarders/skiers in danger of any sort
- You should ski within your capabilities and respect the conditions on the slopes
- Make sure you know who has priority and choose your route for maximum safety – each skier/snowboarder in front of you has priority, meaning you should leave room to ski/snowboard
- If you must overtake a skier or snowboarder that is going slower than you, then you must leave room between you
- You must check up and down the slope before starting out or entering the ski run
- You can only stop at the edge if you can be seen clearly by other skiers/snowboarders
- If you are climbing up or down a piste, you must stay at the edge
- Markings and signs on the piste must be taken notice of for your own safety
- If other skiers/snowboarders require it, you should offer assistance and contact rescuers if a ski accident occurs
- If you are involved or witness a ski accident, then you should exchange details, including name and address details, with the other skier/s involved.
Skier error could be considered one common cause of skiing accidents, but there are others, including:
Failure of equipment, such as batons and bindings
Colliding with other skiers or slope users
Colliding with a stationary object, such as a tree
Other ski lift accidents involving the mechanism
One cause of a ski accident that could potentially lead to a claim would be if you were not given enough tuition before you were allowed on the slopes. If this happens, then there may be the potential to make a claim for compensation if you are injured while skiing.
For more information about ski accident claims and the kinds of injuries that may lead to them, please don’t hesitate to get in touch.
It could be considered that there are two main types of accidents that could lead to you seek ski injury compensation.
These could include:
Fault Accident Claims – If you are injured in a ski accident, and you accept responsibility for it, then you may be able to make a claim through your holiday insurance provider.
Non-fault accident claims – These are personal injury claims that could be filed against a third party if it could be proved that they were liable.
Depending on who could be held liable, non-fault ski accident claims could be made against:
- Tour operators
- Piste ‘authorities’
- Other skiers
- Ski centres
- Lift operators
- Ski instructors
- Ski guides
If you are at all confused about who could be held liable for a ski accident claim, then our team could help. Simply call us with the details of your skiing accident, and we’ll work this out for you.
A head injury while skiing could be quite dangerous, and if you experience such an injury, it would be wise for you to seek immediate medical attention, even if it is not a brain injury that has been caused by your accident but a simple concussion.
Whether you’ve had a traumatic head injury or a fairly simple knock, you may need to be monitored to ensure that your condition does not deteriorate. Even if you are not hospitalised from a head injury caused by a ski accident, you might take a few weeks to recover fully. But, you may wish to be seen by a doctor if you notice the following symptoms:
- You lost consciousness but then came around quickly
- You have been vomiting
- Painkillers are not getting rid of your headache
- You or those around you notice changes in your behaviour
- You are struggling to remember things
- You are on blood thinners or have a clotting disorder
Signs that you may have experienced a brain injury and need immediate medical attention could include:
- You remain unconscious
- You are glazed, confused but not unconscious
- You have double vision
- You have memory loss
- You have hearing loss
- You are struggling to stay awake
- You have issues speaking
- There is blood or clear fluids coming from your ears or nose
- Your co-ordination is affected
- You cannot walk properly
- You have swelling and bruising behind the ears or around the eyes
Whatever type of head injury or brain injury you’ve suffered, if it was the result of a skiing accident or snowboarding accident that was not your fault, then you may wish to claim compensation from a liable party. Just call Accident Claims UK, and we’ll guide you as to the next steps you could take.
Because of the movements associated with skiing and the joints, ligaments and muscles that are working together to help you ski, you may suffer damage to the soft tissues within the body, including the tendons and ligaments. The ACL, or anterior cruciate ligament, is a ligament found in the knee that prevents your shin from pushing too far forward. Suppose you put pressure on the knee in a twisting motion while your foot remains on the ground. Or, you could land from height, and your knee could twist as your foot hits the ground. These could cause damage to the ligaments. Some types of ligament tear can be extremely painful, and you may need to be seen immediately by medics to stop you from doing more damage to the ligaments. An ACL injury is one such injury that would require immediate attention.
But could you make a claim for compensation for an ACL rupture or other soft tissue injuries? It depends on the reason for the accident that caused your skiing or snowboarding injury. If, for example, you damaged your cruciate ligament while you had a ski or snowboarding lesson, then the instructor may, in some cases, have been negligent in their duty of care towards you and may not have protected you from injury to a reasonable extent, for example by not instructing you on safe skiing techniques. If this could be proven, then you could have a claim for compensation.
If you’d like to speak to someone about ski accident claims after this article, then please get in touch with a member of our team today.
There is a condition called skiers thumb, which could be considered quite a common thumb injury that is seen in skiers. This could be due to the fact that you may have held on to your ski batons lightly while you were skiing, but then, if you suffered a fall, you might stretch the thumb out to try and lessen any impact. If you have fallen on such an outstretched thumb, your ulnar collateral ligament in the thumb may be negatively impacted. This could cause loss of strength and function, which could impair your grip or your ability to pinch. If you have experienced this injury as a result of a ski accident that was not your fault, you could potentially claim compensation for the suffering and pain of this injury, as well as any costs you’ve had to face because of it.
There are, of course, many other types of hand injury that you could experience from a fall on a mountain or at a ski resort. Whether you have broken a wrist in a ski lift accident or suffered finger injuries in a fall, and someone else could be held liable, the same principles apply. If you could prove a liable party was at fault, you could make a claim for ski injury compensation.
One injury that you could suffer from being in a ski accident might be a dislocated shoulder. It is thought that around 4-11% of ski injuries are injuries to the shoulder, and these could include acromioclavicular dislocations, as well as:
- Impingement of the rotator cuff (a soft tissue injury)
- Tear to the rotator cuff
- A fracture of the collarbone
- Fractures including scapula, glenoid or greater tuberosity
- Other joint dislocations
- Other soft tissue injuries
If you have had a winter sports accident that has led to any of these injuries, or any other shoulder injury, you may be able to claim compensation if someone else could be held liable for your ski accident.
Ski accident claims injury statistics
When we travel abroad for a holiday we often don’t think about the risks that are associated with the activities we’re planning on doing. But details released by the Foreign Office based on data from ABTA has shown that neglecting to plan ahead can have disastrous effects.
The statistics show that one-third of holidaymakers heading to the slopes don’t check whether their travel insurance includes cover for snowsport injuries. When we look at the over-55s, this jumps to 46% of travellers.
If the appropriate travel insurance isn’t taken out, the repercussions if an accident does take place can be great. 118 holidaymakers from Britain were hospitalised from 2012-2016 because of accidents relating to skiing or snowboarding, and a further 58 were killed.
A study from the British Medical Journal, looking at the injury patterns in a ski resort, showed that of people who were injured in ski accidents, over half of them suffered an injury to their lower extremities. The vast majority of accidents (67.9%) did not involve another person. The study found that 41% of skiing injuries were classed as mild, 44% moderate and 15% severe. 63.5% of the skiers who suffered from injuries were of a beginner or intermediate skill level.
If you are a confident enough skier, you may have chosen to ski off-piste, but if you are in a ski accident when skiing off-piste, would you be able to make a skiing accident claim? There are certainly more risks to skiing or snowboarding off-piste because:
- There aren’t warning signs off-piste that indicate avalanche dangers
- You wouldn’t be protected from the known risks of snow-covered areas off-piste
- There is more risk of snow slides
The one obvious way to avoid such risks is not to ski off-piste and stay where ski runs are well marked. When it comes to making a claim for being injured while skiing, it could be much more difficult to prove third-party liability, which means you may not be eligible to claim compensation. However, if it was a guide or ski instructor who took you skiing off-piste and you suffered a ski accident, an assessment could be made on whether the ski instructor or guide was negligent in taking you off-piste, and if they were, then you may be able to claim for ski injury compensation.
If you’re wondering how much ski accident claims can be worth, continue reading to the next section.
If you are considering making a ski accident compensation claim with the assistance of a personal injury lawyer, you may wish to get some idea of how much compensation you could potentially receive. While there are options to use a personal injury claims calculator elsewhere on the web, instead, we have chosen to compile a table of injuries with the appropriate compensation brackets from the Judicial College Guidelines. Of course, this is only an approximation of the award you could potentially receive. A value would only really be attached to your claim once the medical evidence was obtained and assessed. This could, however, serve as a rough guide to the sort of compensation that would be appropriate for certain injuries.
|Injury and Severity||Bracket Compensation Amount||Special Notes|
|Thumb Injuries (Serious)||£11,820 to £15,740||Where the tip has been amputated, or there is nerve damage, or fractures. Wires may need to be inserted rendering the thumb ultra-sensitive and cold. Grip could be impaired and there could be a loss of dexterity.|
|Thumb Injuries (Moderate)||£9,080 to £11,820||Where arthrodesis is required of the interphalangeal joint or there is damage caused to nerves or tendons. Impaired sensation and cosmetic deformity may exist along with impairment of function.|
|Leg injuries (Moderate)||£26,050 to £36,790||Multiple or complex fractures or crushing injuries that are deemed to be severe. Usually for a single limb. Awards within this bracket should be influenced by how extensive treatment needs to be, as well as whether there are likely to be degenerative changes prompting further surgery in the future.|
|Knee injuries (Severe)||£65,440 to £90,290||If the joint has been disrupted, or there has been gross ligament damage. Considerable pain and function loss, as well as a requirement for arthrodesis or arthroplasty.|
|Knee injuries (Severe)||£48,920 to £65,440||Where a fracture of the leg extends into the joint of the knee, leading to permanent constant pain, agility impairment and the risk of having to undergo an arthroplasty|
|Knee injuries (Severe)||£24,580 to £40,770||Less severe than above but still including the risk of remedial surgery for meniscus or ligamental tears, as well as muscular wasting|
|Knee injuries (Moderate)||£13,920 to £24,580||Cartilage tears, meniscus tears and dislocations that may lead to mild future disability and mild instability.|
|Shoulder Injuries (Serious)||£11,980 to £18,020||Dislocations of the shoulder which damage the brachial plexus which causes pain in the neck and in the shoulder. Rotator cuff injuries that leave symptoms after surgery could fall into this bracket. Sensory symptoms in victim’s forearm may be caused as well as grip weakness.|
|Brain injury (Moderate)||£40,410 to £85,150||Where the claimant’s memory and concentration are affected and their ability to work could be impaired. Cases with slight risks of epilepsy and limited dependence on others could fall into this category.|
If your injury cannot be found in the table above, then please don’t think that you would not be able to claim for it. Simply call the Accident Claims UK team, and we’ll talk you through what we feel may be the appropriate compensation bracket for your injuries.
To see what other damages can be included in ski accident claims, please read on to the next section.
Of course, not only could you suffer pain as part of your injury, but you could also be made financially worse off because of it. Special damages awards could compensate you for costs and losses that you have encountered that directly relate to your accident and injury. These could include:
Lost income – If you took time away from work to recover from your injuries because you were not fit to work, your employer might have had to pay you SSP instead of your usual wage. If this is the case and you have lost income, then you could claim for this under special damages. Not only could you claim for actual wages lost, but if you were expected to have to take further time off work, then projected income could also be considered as part of your claim.
Medical expenses – Whether you have had to pay for mobility aids or treatment costs, including counselling, physiotherapy and even prescription fees, then these could be classed as special damages too.
Travel expenses -Did you have to travel to work by public transport or by taxi because you were unable to drive because of your injuries? Or have you had to travel to appointments that you would not have needed to attend if you hadn’t been injured. Travel costs could also be included in your claim.
Care costs – Did you have to pay for childcare because you were not able to care for your children while you recovered from your injuries, or did you have to have care at home for yourself? Care costs could also make up part of your claim.
If you have any further costs that you’ve incurred that directly relate to your injuries and your accident, then simply speak to us here at Accident Claims UK to find out whether you could include them within your claim.
When claiming ski injury compensation for a skiing accident or snowboarding accident, it could be beneficial to have an experienced lawyer in your corner. They could not only take away the stress of claiming, but they would also be able to advise you about any offers of compensation you have received, giving you advice on whether you could fight for more compensation or whether you might be wise to accept an offer. They could also help you if your case went to court, which is not common but could happen in some cases. However, lawyers would obviously need to be paid, and you might not want to risk your own money on a case that you were not sure would bring you compensation. If this is the case with you, then why not considered using a no win no fee personal injury solicitor? Here at Accident Claims UK, we could assess your case to see if it would be appropriate for us to provide you with such a lawyer and if we do provide you with one, there would be no funds needed upfront for legal fees.
This is because lawyers working on this payment method don’t require payment upfront. Instead, you would sign an agreement document, a CFA, to promise to pay your lawyer a success fee on successful completion of your case – i.e. if you received compensation. Their fees would be taken as a percentage of the total settlement but can’t be more than 25% of it.
If you had a claim that was deemed to be a valid one, yet your solicitor was unable to secure you compensation, then you would not have to pay them the success fee.
This could reduce your financial risk significantly and could also mean you could start your ski accident claim today, as no fees would be required before you case commences. If you would like to learn more about this payment structure, then please do call our team.
Are you wondering how to begin a personal injury claim for your ski accident, or would you like your case to be assessed for free to find out whether you could be eligible for compensation? Either way, the team at Accident Claims UK would be delighted to help you. With years of experience helping claimants get the ski injury compensation they deserve, we know you may have questions, and we’re here to answer them. Not only that, but we would do so without charging for our advice. You are well within your rights to call us for advice without any obligation to utilise our services.
We’re also here to help provide you with a solicitor should it be appropriate to do so.
We know that making a personal injury claim for compensation could be stressful, and we aim to take as much of the stress of claiming from your shoulders. We believe claimants should be able to concentrate on their recovery, and if they know that they have someone working on their case on their behalf, they could do so without worrying about having to build a case themselves.
Are you now ready to get started with a ski accident claim? Or would you like to ask us anything else about making claims? Either way, there are a variety of ways in which you could contact us, including via phone on 0800 073 8801, through email at firstname.lastname@example.org, or by using the contact form or live chat on the site. Whatever your question, we’re here to help, so why not speak to Accident Claims UK to benefit from our advice and support.
Holiday Accidents -If you have suffered an accident while on holiday, then this guide to holiday accident claims could be of use.
Head Injury Claims – We touched on head injuries earlier on in this guide. There is more information included here in this guide to head injury claims.
Knee Injury Claims – Whether you have dislocated your knee, or suffered tears to the ligaments, if someone else could be held liable then you might be able to claim compensation.
Ski Safety Resources
Safety On The Piste – This page could give you some useful information on skiing safely.
Package Travel Regulations – Was your ski holiday booked through a UK tour operator as a package? This page might offer some useful information.
Skiing information GOV – Safety tips from the government regarding ski or winter sports holidays.
NHS- healthcare abroad- A NHS guide to seeking healthcare if you’re injured overseas.
Thank you for reading our guide on ski accident compensation and ski accident claims.
Article by Jo.