If you’ve been injured in a public place accident like a wet or dry ski slope, this guide explains how to seek skiing injury compensation. Few things can spoil your the fun of skiing quite like suffering a broken ankle or worse because health and safety standards were not met. If you feel confident that your accident on the slopes could have been prevented, read on.
Our guide will start by explaining the duty of care that certain parties have to your safety. We look at who could be eligible to start a personal injury compensation claim based on this and give some examples of how third party negligence can cause harm. Claims require evidence, so we then explore what you can use to strengthen your claim for skiing injury compensation.
After explaining the time limits for making a claim, we look at the benefits of instructing a skilled solicitor to help. We can connect eligible readers with a personal injury lawyer offering No Win No Fee contracts. This means with our help you could get started on a claim today, without the worry of upfront solicitors fees:
- Call 020 8050 2736 to see if you qualify.
- Fill in our claim online form and an advisor will ring you straight back.
- Ask about skiing accident compensation claims in our live chat.
Select A Section
- Can You Claim Skiing Injury Compensation?
- How To Claim Skiing Injury Compensation
- How Much Skiing Accident Compensation Could You Receive?
- What Is The Time Limit To Make A Ski Injury Claim?
- Why Use A No Win No Fee Solicitor To Make A Skiing Accident Compensation Claim?
- Learn More About Claiming Personal Injury Compensation
Can You Claim Skiing Injury Compensation?
In this country, legislation called the Occupiers’ Liability Act 1957 obliges all businesses to apply a duty of care for customers, visitors and members of the public. This law requires those in control of an area to implement measures and take steps to ensure the reasonable safety of those using the space for its intended purposes.
This duty also applies to ski instructors and those in charge of the slope. So in order to have a valid claim, three eligibility criteria need to be met. You need to show:
- At the moment of injury, a duty of care applied.
- The duty was breached in some way.
- This caused or worsened your injuries.
Some examples of accidents prompted by a breach of duty include:
- The ski resort operators failed to repair a ski lift and knowingly continued to operate it. This caused a person to fall and fracture their hip or suffer a broken leg.
- A ski instructor was not correctly trained and gave advice to a customer that left them with a twisted ankle or a permanent scar.
- The slope was poorly managed and not designated correctly. This caused a novice skier to collide with others on an advanced slope and suffer a neck injury or multiple head injuries.
The Occupiers’ Liability Act applies only to this country, but a claim may still apply if you were injured abroad. However, if your skiing accident occurred outside this country, the procedures can vary, so speak to our team for free information and guidance. They can also answer any other questions you may have so far.
How Can You Avoid Ski Accidents?
There are a variety of actions you can take to limit skiing accidents. For example:
- Wear the correct ski boots and skis.
- Always wear a helmet, gloves, salopettes and goggles.
- Follow the ski instructor’s directions.
- Don’t ski alone, go off-piste or attempt a slope that’s too advanced for your level of experience. Beginners should stay off black and red runs.
- Always look up when entering a slope to avoid collision with others.
- Sit still in the ski lift and get on and off as instructed.
- Don’t attempt jumps or skiing so fast that you cannot stop easily.
- Always stop at the end of a slope rather than the middle.
How To Claim Skiing Injury Compensation
If you are seeking skiing injury compensation, you must have evidence. You will need proof that shows a breach of duty caused your skiing accident. Examples of evidence that can help skiing injury compensation claims include:
- Footage of the accident from CCTV or a mobile phone.
- Photographs of your injuries and the hazards that caused them.
- Medical records and X-ray copies. You can request these from the GP, walk-in centre or hospital that treated you.
- Eyewitness contact details. A supporting testimony collected at a later date is useful evidence.
- A personal log of key treatments and important dates, as well as a record of your emotional state.
Contact a member of our team for free advice about gathering evidence. They can discuss your circumstances in a more personalised and prompt way over the phone.
How Much Skiing Accident Compensation Could You Receive? bb
Compensation settlements for winning skiing accident claims can be divided into two main categories or ‘heads’ of loss. These consist of general damages to make up for psychological injury and physical suffering and special damages to cover incurred costs.
Firstly, a medical assessment may need to take place. If so, a solicitor can help arrange this with you. A full medical report is created. Legal professionals then use this in conjunction with the compensation guidelines published by the Judicial College (JCG) to calculate a figure of what may be owed.
Some figures from the 17th edition of the JCG are examined in the table below. The top entry is not part of the JCG. Because every claim is unique, please think of these amounts only as guidelines:
Compensation Guidelines
| Area of Injury | Severity | Award Brackets | Notes |
|---|---|---|---|
| Multiple Areas of Severe Harm and Special Damage Payments | Severe | Up to £1 million plus | Severe multiple injuries and awards that are made for lost earnings, medical bills and care costs under special damages |
| Head | (b) Moderately Severe | £267,340 to £344,150 | A very serious disability with substantial dependence on others. |
| Head | (d) Less Severe | £18,700 to £52,550 | A good recovery made despite initial problems with mood, concentration and memory however some issues may persist in a way that impacts lifestyle. |
| Neck | (a) Severe (i) | In the area of £181,020 | Cases of incomplete paraplegia that do not improve movement despite wearing a support neck collar constantly. |
| Leg | (b) Serious | £47,840 to £66,920 | Serious comminuted or compound fractures and cases of ligament damage that require prolonged periods of treatment. |
| Back | (b) Moderate (i) | £33,880 to £47,320 | This bracket covers numerous types of injuries including compression and crush fractures to the lumbar vertebrae region. |
| Wrist | (b) Significant | £29,900 to £47,810 | A permanent disability but some remaining useful movement. |
| Arm | (c) Less Severe | £23,430 to £47,810 | Despite initially significant disabilities a degree of recovery takes place or is expected to. |
| Ankle | (d) Modest | Up to £16,770 | Minor or undisplaced fractures and ligament damage where award is determined by how complete the recovery is. |
| Shoulder | (b) Serious | £15,580 to £23,430 | Dislocations that impact the lower region of the brachial plexus causing aching, weakened grp and restricted movement. |
Can I Claim For Loss Of Earnings In A Ski Injury Claim?
To claim special damages, it would be necessary for you to provide documented proof of costs related to your injuries. This can include any payslips, invoices, and receipts showing:
- Proof of lost earnings either now or predicted for the future.
- Medical bills.
- The expense of essential adaptations made in your home or vehicle.
- Proof of travel expenses to vital appointments.
- Invoices showing the costs of domestic help, such as with childcare or cleaning.
For further free guidance on general and special damages, or any aspect of the compensation claims process, why not connect with one of our friendly advisors on the number at the top?
What Is The Time Limit To Make A Ski Injury Claim?
A three-year personal injury claims time limit usually applies, as per the Limitation Act 1980. However, this deadline can vary in the following ways:
- If the claimant is under 18 at the time of injury, courts can designate a litigation friend to act for them.
- Alternatively, the minor has a three-year period, starting from their 18th birthday to initiate a claim personally if one has not been filed on their behalf.
- Also, in cases where the claimant has diminished mental capacity, the time limit is suspended completely. If capacity returns, the three-year time limit starts from the date of recovery.
Why Use A No Win No Fee Solicitor To Make A Skiing Accident Compensation Claim?
You might want the assistance of a personal injury solicitor to help you make a claim. Because in addition to collecting evidence and statements, their expertise will ensure a full evaluation of your losses takes place.
The solicitors on our panel could guide you through the claims process by using a type of No Win No Fee contract. Typically, a Conditional Fee Agreement (CFA) is suggested. This means you:
- Won’t need to pay upfront for the solicitor’s services.
- Do not need to pay any solicitors fees while your claim moves forward.
- Won’t pay anything for completed services if the claim fails.
- Only need to have a small success fee deducted from your compensation award if it succeeds. As a legally capped percentage, it ensures that the bulk of the settlement amount goes directly to you.
Why not discover if you have eligible grounds to work with a solicitor in this way? One of our advisors can answer any additional queries concerning skiing injury compensation and possibly connect you with expert help if you wish:
- Call 020 8050 2736 to see if you qualify.
- Fill in our claim online form and an advisor will ring you straight back.
- Ask about skiing injury compensation claims in our live chat.
Learn More About Claiming Personal Injury Compensation
Further guidance on personal injury claims:
- Details about claiming theme park accident compensation.
- Some injury compensation FAQs answered here.
- Further reading on how to find a personal injury solicitor.
Some useful external links:
- Information about the safe operation of dry ski slopes from the Health and Safety Executive (HSE).
- Guidance on providing first aid from the NHS.
- Also, when to call 999 from the NHS.
We appreciate you reading this guide on a skiing injury claim for compensation. For any further assistance, please stay in touch with an advisor.
