Peter Marley suffered a fractured neck, bleeds to the brain and nerve damage to his feet and hands in a ski accident while in Courchevel in April 2024.
He was piste skiing with a group of friends and acquaintances when the accident happened. He recalled the incident:
He clattered into the back of me on a practically empty slope. It was like a car going into you.
I’ve no knowledge of what happened after I was hit. I woke up in hospital a few days later and I had all these injuries.
Peter, who took up skiing aged 56, would ski “five or six times a year” before the accident happened at the age of 71.
After being carried down from the mountain he was first taken to a local medical centre before being treated at two different hospitals for his traumatic injuries. He flew home a week later in a neck brace accompanied by a nurse.
Since then, he has been told by his doctor he can no longer drive due to his head injury and is currently recovering from spinal injuries leaving him unable to continue his work as an insurance broker.
When I arrived home, I could see that things were not going to be the same as they were before, this was serious, my injuries were serious. Several months on, I still can’t function as I did.
I wasn’t too chuffed, but I did also think this is not going to ruin my life and that’s when I decided to take legal advice because I was left in pain due to someone else’s negligence.
Ski accident abroad claims
Peter contacted Hudgell Solicitors’ ski accident specialists.
Anyone injured skiing as a result of someone’s negligence is entitled to pursue a compensation claim for their injuries and consequential losses.
Solicitor Paul McClorry, who specialises in serious winter sport accidents and represents Peter, says everyone has 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.
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.
Peter, from Newcastle, who says he was a “safe skier, a conservative skier,” who used common sense on the slopes, believes negligence was the cause of the accident. Peter said:
I remember passing the other skier as I was going down, he had stopped and I continued. The next thing I know someone has clattered into the back of me.
It did break all the rules, just like a car going into the back of you. It does make a difference now having a legal team behind me and I’m confident that the right outcome will be sought.
Mr McClorry, head of Hudgell’s 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 Peter.
It is only fair and reasonable that he should be compensated, not only for his injuries, but the impact this accident has had on him financially in relation to lost earnings.
We are hopeful that the insurer will do the right thing, engage with us and provide rehabilitation for Peter so that his recovery can be optimised.
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 with the relevant authorities.
Causes of non-fault skiing accident
A non-fault skiing accident, he 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
