Wolferstans

Wolferstans has helped a father of two win his High Court battle after a tragic skiing accident in the French Alps left him paralysed.

Hazardous Area

Mr Anderson, a relatively inexperienced skier, was taken “off-piste” by his Ski Instructor to a steep, unmanaged mountainside littered with hazardous trees.

Mr Anderson was skiing with a group when they were instructed by the Ski Instructor to head down towards the trees and to veer off to one side.

Mr Anderson comments that:

“The terrain was steep. We had not skied off-piste on this kind of slope before and I felt anxious knowing that I had found off-piste skiing difficult earlier in the week”.

However, Mr Anderson, who was described by the Judge as “well mannered and courteous”, placed his trust in the Ski Instructor’s guidance and did not “want to split up the group”, so he continued to attempt the slope.

Terrible Accident

Unfortunately, Mr Anderson lost control of his skis and sped downhill, crashing into a tree. On impact Mr Anderson suffered ‘devastating’ injuries and was rendered tetraplegic.

“Clear potential for serious injury”

In his Judgment, Mr Justice Foskett stated that Mr Anderson “should not have been on this slope” and that the Ski Instructor “took his eye off the ball” in failing to notice how much Mr Anderson was struggling.

The Judge acknowledged that “skiing is an inherently risky pastime” and it is generally accepted that those choosing to ski accept some risk of injury.

However, in these circumstances, the Instructor failed to ensure that the terrain “was a reasonably safe piece of terrain for all members of the group” not just the more established skiers, and there was “clear potential for serious injury” particularly in regard to the presence of the trees.

As a result, the Ski Instructor was held two thirds liable for the accident.

The costs are to be met by the Ski Instructor’s Insurers.

To reflect the inherent risk in skiing and Mr Anderson’s decision to continue, Mr Anderson was held one third liable for the accident.

Forefront of legal Challenge

After hearing the successful judgement, Mr Anderson offered his thanks to the legal team at Wolferstans, particularly Andrew Warlow, Partner in the Head and Spinal Injuries Department:

“The support that Wolferstans offered me was at all times professional, thorough and timely. I am particularly grateful to Mr Warlow and the Head and Spinal team for being so approachable and dependable in leading me through this challenging process.”