Damages of £33,000 payable by snowboarder’s insurers for injuries caused to skier

We successfully pursued a claim against a snowboarder who hit a skier from behind in the Italian resort of Cervinia. We alleged that the defendant, a UK resident represented by English insurers, was in breach of the International Ski Federation Rules for the conduct of Skiers and Snowboarders. The defendant was also prosecuted and fined by Italian police pursuant to the Italian Criminal Code in respect of his negligence in causing the accident.

Our client was receiving ski instruction in a group of four led by a professional instructor. She was making regular turns as she descended the slope. The defendant was boarding upslope from our client and travelling across the piste from right to left when he hit her from upslope.

A schedule of loss was compiled for the client and medical evidence was obtained from an orthopaedic surgeon and a consultant psychiatrist. They concluded that our client was still suffering from depression caused by the accident and a course of physiotherapy was suggested for the soft tissue injuries she sustained. The physiotherapy had only had a minimal effect and the prognosis was therefore uncertain.

Our client’s instructions were to settle the claim prior to the issue of proceedings. Negotiations ensued and the parties agreed a settlement figure of £33,000 plus legal costs.

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