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Personal Injury Solicitors

Winter sports injury compensation claims (2 December 2013)

Date: 02/12/2013
Duncan Lewis, Personal Injury Solicitors, Winter sports injury compensation claims

Many holidaymakers are aware that if they are injured in a travel accident and booked a package holiday in the UK, they can make a claim for compensation under the Package Travel Regulations 1992, if the accident was caused by another party’s negligence.

Many holidaymakers are aware that if they are injured in a travel accident and booked a package holiday in the UK, they can make a claim for compensation under the Package Travel Regulations 1992, if the accident was caused by another party’s negligence.

Winter sports holidays which are booked as a package holiday are also protected under the Package Travel Regulations if injuries are caused by negligence of the tour operator or its employee, such as:

• poor training or supervision of winter sports activities
• failures in equipment supplied for the activity
• lack of essential equipment
• not supervising novices taking part in winter sports
• party leaders taking a party onto more advanced slopes without warning or proper instruction or supervision.

The sort of winter sports injuries which may be covered under the Package Travel Regulations include:

• mild, moderate or serious concussions
• serious injuries like fractures or spinal damage
• catastrophic injuries, such as permanent or disabling head/brain injury
• life changing injuries such as quadriplegia/tetraplegia (total or partial paralysis)
• death.

Holiday insurance for winter sports

No one wants to set off on a winter sports holiday thinking about what might go wrong – but in recent years insurers have found that as many as one-third of holidaymakers set off on holiday without travel or holiday insurance.

If you are injured on holiday – even if it is not your fault – the Foreign and Commonwealth Office has no obligation to provide financial assistance or fly you home for treatment. It is crucial, therefore, that all holidaymakers take out adequate travel insurance.

Winter sports travel insurance is just as vital – and if you already have travel insurance which is offered with a bank account, for example, it is important to make sure it would cover activities such as skiing, snowboarding, ice skating or sledding etc before you set off on holiday.

Package Travel Regulations 1992 – Trips and excursions

If you book a package holiday and are thinking of booking an excursion or a trip involving winter sports, then it is advisable to book these at the same time as the holiday, as this will offer you protection under the Package Travel Regulations.

If you book additional activities such as a ski trip or snowboarding in resort, you may not be covered if something goes wrong or if you suffer a winter sports accident or injury – especially if you book the activity through independent agents in resort, as this would not form part of the package holiday.

If you have booked a package holiday, you will receive an ATOL certificate from the travel agent at the time of booking – and this will itemise all the various components of your holiday, from transport and transfers to accommodation, board and meal plans and any excursions or trips included.

• Before booking winter sports trips or outings on holiday, ask your tour operator whether these will be professionally supervised and also about equipment and training provided as part of the activity.

• In resort, make sure the activity company has a good safety record and adequate public liability insurance, as well as professional instructors on site.

• If you are a newcomer to sports like skiing or snowboarding, make sure you know what will be involved in the activity – and also check with your doctor if you have any known medical complaints which might affect your holiday insurance or ability to take part in the activity.

• Even small mishaps and injuries on the slopes can ruin a winter sports holiday – so plan well in advance and make sure you are fit enough to take part safely.

Duncan Lewis Personal Injury Solicitors

Duncan Lewis is a leading firm of personal injury solicitors and can advise on injuries sustained in holiday accidents if the holiday was booked as a package holiday in the UK.

For advice on personal injury claims as a result of winter sports holiday accidents, skiing accidents or other holiday accidents, contact Duncan Lewis personal injury solicitors on 020 7923 4020.


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