Skiing Accident in Austria

Published date: 01 Nov 2007

£7,000 recovered following ski accident in Austria

Mrs S and her husband were on a skiing holiday in Austria. When the accident happened, Mrs S was talked to a friend. As she stood on the side of the piste she was run down by another skier who had had been skiing from the top of the hill and had failed to see her.

We argued that the other skier had breached International Ski Federation (FIS) rules.

The Austrian Defendant’s insurers initially argued that the FIS rules would not be applicable and that Austrian ski law would prevail. They further argued that our client would have to bear the typical risk of being injured whilst skiing whilst ignoring the fact that this was not a mere accident but an incident caused by the negligent behaviour of their insured. After further negotiations we were able to persuade the Defendant’s insurers to change their position and, the Defendant’s insurers then accepted liability in principle.

Compensation Claim for Skiing Accident

As a result of the accident Mrs S sustained a fracture to the tibia and fibula.  She was incapacitated over a period of three months during which time she could not go shopping, drive or carry out any of the usual household tasks.

The claim had to be pursued under Austrian law and in Austria. Therefore, her damages had to be assessed under Austrian principles. It was agreed that it would be cheaper to obtain an English medical report which avoided the need for our client to travel to Austria for the medical examination. A schedule of loss was drafted by using the Austrian aggregate care rates which had been approved by our Austrian agent. Our client was awarded £1,683 in respect of her financial losses. By the time the settlement of her financial losses claim Mrs S still had ongoing symptoms. She was therefore given the choice to either continue to receive treatment and to have a follow-up examination or to settle her claim without any delay. Mrs S decided to settle her claim at that stage and, following some further negotiations with the Austrian insurers, Mrs S claim for injury settled for the sum of £5,500.

« Back