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Damages awarded to skier left paralysed by off piste accident
Posted: 16 November 2008 01:26 PM  
Total Posts:  2
Joined  2008-03-24

I wonder if this has been reported in France?

It is an unusual case as the injured man had sued the company Snowbizz and the instructors insurers agreed to indemnify the business owners for any damages awarded. I presume they felt that their client was unlikely to have been found negligent.

It is very sad for the gentleman concerned but I do feel that he could have voiced his concerns and chosen not to go with the group. There is an argument that the instructor should always teach to the lowest level of ability of the group. However the very nature of ski instruction means that you are often asked to step out of your comfort zone to make progress.

What implications will this have for French Instructors with English groups I wonder?

Posted: 17 November 2008 07:25 PM   [ # 1 ]  
Total Posts:  2234
Joined  2003-10-24

it is an interesting case. I assume the ski instructor has a duty of care to his client. There is probably a lot that has not been reported in the press.

Mr Anderson seems to have had a contract via Snowbizz for the instruction. Otherwise he would have to sue where the contract is made or where the defendant is based. In Mr Portejoie’s case that would be France where compensation payouts are miserly although unlike in anglo-saxon countries you can go back to the courts.

I know from Claude Rey, former head of the UIAGM, that anyone injured with a ski instructor or guide instinctively sues these days, even in France.

Posted: 21 November 2008 11:39 AM   [ # 2 ]  
Total Posts:  9
Joined  2008-03-19

Some further information (although still 2nd / 3rd hand) / opinion on the judgement . . .