Nathalie Perriman had been skiing for more than 50 years without ever having an accident on the slopes – until 2023 when another skier came too close and collided with her skis from behind.
A proficient skier and passionate about safety, Nathalie spent more than a week in an Austrian hospital with eight fractured ribs and a torn right shoulder rotator cuff before she had to be driven back to the UK in an ambulance.
Unable to fly she was accompanied by two paramedics – a journey she described as “very painful having to sit upright all the way.”
A self-employed picture framer from Cobham in Surrey, she eventually had to have surgery for her shoulder injury and says it was a “deeply painful” period of her life.
Never have I experienced anything like it. I couldn’t move, sleep, or do anything for myself. When I got home, my ribs were healing but my shoulder was still painful and after several hours in A&E and an MRI scan, I was told I had a large rotator-cuff tear.
Unable to work and facing a long wait on the NHS, Nathalie underwent surgery privately and is now slowly recovering with ongoing physiotherapy and rebuilding her life and her business.
It was after the operation in September that I thought to myself, ‘this is unfair’, the accident wasn’t my fault, I was in pain and couldn’t work; it was an injustice.
After discussing her situation with family and friends Nathalie, who has skied since the age of three, decided to take legal advice and contacted ski accident specialists at Hudgell Solicitors.
Anyone injured skiing as a result of someone else’s negligence is entitled to pursue a compensation claim for their injuries and consequential losses.
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Winter sports accident claims
Solicitor Paul McClorry, who specialises in winter sports accidents abroad and represents Nathalie says everyone has a responsibility to take precautions that will guard against accidents and keep everyone safe. He said:
If this responsibility is breached and injuries occur, it may be possible to seek justice.
To ensure everyone stays safe on the slopes, winter sports resorts usually ask users to abide by a code of conduct.
In Europe, the Federation Internationale de Ski (FIS) sets the rules. In the US, there is a similar code of conduct that’s enshrined in law in some states. However, it is the FIS rules which usually act as the starting point when trying to establish liability if a collision occurs between two people.
When a third party is to blame for an injury or incident this is classed as a non-fault accident, where compensation for any personal injury and consequential losses may be claimed.
Nathalie, who often skis twice a year and had taken out specialist ski holiday insurance, had travelled to Maryhofen, Austria in December 2023 with a friend; on the day of the accident others, who they did not know and were unaware of their skiing ability, joined their group. She said:
I was skiing down when another person was behind me, he was far too close, and he went over the back of my skis and all of a sudden I felt this massive impact, pain in my back and I blacked out.
It was excruciating, it felt like a bulldozer had gone into me. When I came round my body was on my right-hand side facing uphill.
My friend was there having climbed up having seen that I had fallen – I couldn’t get up due to unbelievable pain. An ambulance was waiting once I got down with help from the mountain emergency service team.
After being taken to hospital the accident was reported to the Austrian Police who spoke to both Nathalie and the other skier. Nathalie was only able to see the other person’s police statement once she had legal representation.
‘The negligent skier’s insurer compensates the innocent person’
Mr McClorry, head of Hudgell’s accidents abroad travel litigation department, said:
Where it is clear that someone has been injured as a result of another skier’s negligent actions, the negligent skier’s insurer compensates the innocent person.
We have sent a letter of claim to the relevant insurer to advise them of this accident and the impact it has had on Nathalie.
It is only fair and reasonable that she should be compensated, not only for her injuries, but the impact this accident has had on her financially in relation to lost earnings and medical treatment costs.
We are hopeful that the insurer will do the right thing, engage with us and provide rehabilitation for Nathalie so that her recovery can be optimised.
A lifetime skier Nathalie says although she had never been involved in an accident before she has always been concerned about safety.
You always need to be aware of the people around you and you can’t pre-empt what they may or may not do. Younger people can be a bit reckless as they might not fully appreciate the dangers, while older people with experience can think they’re invincible.
It is a relief having a legal team, because the accident was an injustice and now it’s being investigated.
Mr McClorry says anyone who is involved in a ski accident should follow guidelines to ensure as much evidence is recorded and reported to the relevant authorities as soon as possible in order to make a claim as straightforward as possible.
Obviously, if you’ve had an accident, it’s important to get medical assistance immediately – pistes often have a number for the resort’s emergency service on signs. Call it and they will be able to help you, they will also know where the nearest hospital is.
Don’t worry unduly about the cost. If you’ve taken out suitable travel insurance or have a valid EHIC or GHIC, you are likely to be covered for the most immediate medical costs.
Mr McClorry says once you have received medical treatment and been assessed you, or those travelling with you, can begin to report the matter to the relevant authorities.
Non-fault skiing accident causes
A non-fault skiing accident, Paul McClorry says, might be caused by:
- A fellow skier
- An instructor who hasn’t provided proper training.
- Someone operating machinery unsafely.
- A ski lift operator.
- A tour operator.
- The piste authority.
- The ski centre.
- Faulty or inappropriate equipment.
All have a responsibility to take precautions that will guard against accidents and keep everyone safe. If this responsibility is breached and injuries occur, it may be possible to seek justice.
Top 10 injury prevention tips for winter sports
By following the steps outlined below you can help reduce your risk of suffering an accident or injury:
- Adopt a safety-first approach to any activity holiday: Before booking your trip, research and check the resort for its safety record.
- Dress appropriately: Layer up and make sure clothing is loose-fitting so movements are not restricted.
- Choose the right footwear: Insulated shoes or boots are essential for any winter sport.
- Always wear a helmet: A must-have safety essential, helmets are now compulsory at most winter sports resorts.
- Use goggles: Protect your eyes from injury and UV rays from the bright winter sun.
- Never go alone: Minimise the risk of a potentially life-threatening injury by being with someone who can get help if there’s an accident.
- Know what you’re doing: Before hitting the slopes, spend some time with a qualified instructor and learn the proper techniques.
- Check ALL equipment thoroughly: Ensure your skis are well maintained and test any bindings to see that they fit correctly before your first run.
- Know your abilities: Check you are on a run which is on a par with your ability and stick to trails that are suitable.
- Avoid the slopes after excessive alcohol: Drinking too much can impair your judgement. Say no to ‘Nighttime Runs’ or skiing when under the influence of alcohol as it could put your safety and the safety of others at increased risk.
Specialist ski accident solicitors
In the majority of skiing accident claims we deal with, the injuries sustained are broken bones, leg and arm fractures or concussion. But it is possible to suffer a serious head or spinal injury which can have life-changing consequences.
Our dedicated accidents abroad team have vast experience ensuring your case reflects the severity of the situation and the support you and your family need.
Learn more: Experts in Ski Accidents Compensation Claims
