Mr D suffered an accident on the first day of his ski holiday. He contacted JMW solicitors to pursue a claim for compensation on his behalf.

Mr D and his family went on a ski holiday to Les Menuires, France in February 2020. On arrival, the family were fitted with skis and boots at the ski hire shop which was pre-paid for as part of their booking. Mr D recalls the shop being extremely busy and the fitting and adjusting of his skis was rushed.

On the first day of the trip, Mr D joined an organised group to participate in a ski outing to assist with orientation of the resort. During this outing, Mr D’s right ski suddenly came off causing him to fall onto his face and injury his left shoulder. His ski was adjusted and tightened, and Mr D continued to ski down the mountain. A second incident occurred where the same ski came off suddenly and Mr D fell again. As a result of the falls, Mr D sustained a fracture dislocation to his shoulder. Medical attention was sought in France however on return to the UK, Mr D underwent surgery followed by physiotherapy, steroid injections and finally a manipulation procedure under anaesthetic.

A compensation claim was pursued under the Package Regulations against the ski company that arranged the holiday, and it was alleged Mr D’s ski equipment was conducted in a rushed and perfunctory manner resulting in the bindings not being properly and safely set. Liability was denied throughout as the insurers stated the skis and fittings were set correctly, the equipment was checked and serviced annually, and that the incident could have been caused by ice under the boot or Mr D skiing in an aggressive fashion.

We obtained medical evidence and a final prognosis, along with technical evidence from an expert witness on ski bindings following which Court proceedings were issued.

Despite the insurers denying responsibility for Mr D’s injuries, soon after we commenced Court proceedings on his behalf, a settlement was agreed to compensate Mr D for the pain and suffering he underwent as a result of the injury and the effect that this had on his lifestyle.