Ski Injury Liability

Gwyneth Paltrow

Many years ago, my wife and our two youngest children were going through security at Paris Nord en route to the UK via Eurostar. As we descended an escalator I noticed my son, aged around 5 or 6, in animated discussion with a stranger. Although not such a stranger, for it was Gwyneth Paltrow.

The actress and entrepreneur is in the limelight at this time for a different chance encounter. Apparently a retired optometrist and she collided on the slopes of Park City, Utah some years ago. In his version of events the chance encounter with the star of “Sliding Doors” resulted in “permanent traumatic brain injury, 4 broken ribs, pain, suffering and loss of enjoyment of life”. He claims she knocked him out, she counterclaims that he skied into her from behind.

Whatever the truth of the matter, ski collisions are sadly all too common. My wife, my kids and I have all been hit at one time or another by skiers either out of control or ignoring signage. Fortunately none of us experienced the life-changing injuries the retired optometrist claims to have experienced, but it put my wife off ever skiing again.

But what is the legal position? Keith Dean, at Pennington Law outlines this in an article at his company’s web site. He notes that the situation will differ from country to country , but that FIS guidance is always relevant. He states that, from a lawyers or an insurers perspective, the most useful FIS rule is:

  • Identification – every skier or snowboarder and witness, whether a responsible party or not, must exchange names and addresses following an accident. Where an independent witness has given your insured their name, every effort should be made to contact them and take as full a note of their evidence as possible.

The full FIS rules are available here.

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End of Ski Season review

Phew! What a season it has been for skiing and snowboarding. I was fortunate to get some good skiing in before Christmas, but in general it has been a dismal season for everyone.

The Swiss lift operators association (Seilbahnen Schweiz/Remontées Mécaniques Suisses) has published its analysis of the season up until the end of March – which for all but a handful of resorts is end of season.

The lift operators report a grim picture. By the end of March, lift usage and turnover in Switzerland had fallen by 24% in total, compared to the 2018/19 winter season. Large resorts, dependent on international visitors, have suffered most, but the closure of bars and restaurants has also deterred local winter sports enthusiasts. Additionally, ski camps and club and business trips have not taken place. Ski lifts in the Prealps and in areas close to towns, which cater more for day tourists, have not done quite as badly. Ticino has actually done quite well compared to 2018/19, but that was a season where the canton suffered from a lack of adequate snow – something that cannot be said of this season, where the snow conditions remain very good in those resorts still open.

On the whole comparison with the 2018/19 season is more meaningful than for 2019/20, because Covid-19 had an impact on the latter part of the 2019/20 season. It was hard to forecast a year ago we would be where we are now, and it is only with some optimism that we can look forward to next year being without some restrictions. None the less, overseas visitors are booking in advance for next season like never before, with many winter tour operators reporting bumper bookings.

The long-term impact on the lift operators is hard to gauge. Despite running at a considerable loss this season, lift operators have seen themselves as providing a public service and largely remained open. If the ski lifts had closed, mountain regions would have faced a shutdown of even more tourist activities, resulting in greater economic damage than has anyway been inflicted. Government support, the lift operators association says, is needed to avoid systemic damage to tourism.

The impact on the whole winter sports infrastructure is devastating. Some businesses will not return, others will cancel plans for expansion or investment. Many resorts were already worried about the long-term impact of climate change, and Covid-19 is hardly likely to positively impact their thinking. Additionally, with ski resorts being amongst the Covid-19 hotspots at the start of the pandemic, the image of winter sports has suffered.

I think the ski industry will recover strongly, although the level of growth will likely be lower than in previous years. From a sustainability perspective and in light of the impact of climate change, that is probably not a bad thing.

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The only place in Europe you can ski

The main Medran gondola station in Verbier today

The Swiss federal authorities today imposed a new set of restrictions on the country, to run from Tuesday 22nd December for a month. The increasing pressure on hospitals and the unwillingness of some cantons to implement federal recommendations has resulted in the new lockdown, with restaurants and sport facilities due to close. However ski resorts will remain open, uniquely in Europe. The official wording from the federal communique today, 18th December, is as follows:

The cantons remain responsible for ski areas. Strict requirements must be met for ski areas to operate. Ski areas can only remain open if the epidemiological situation allows and there are sufficient capacities in hospitals and for contact tracing and testing. Strict precautionary measures must also be in place and their implementation must be guaranteed. If these requirements are not met, ski areas will not be granted an operating permit.  

Zurich had argued for ski resorts to close down, on the basis that injured skiers returning to their home cantons could put an unacceptable pressure on hospitals. Although they didn’t get their way, the federal authorities are clearly signalling that cantons with ski resorts have to have the local capacity to manage ski casualties.

Valais and Vaud notably introduced a lockdown in November and, as a result, seem to have kept the R rate below 1 – unlike many cantons in Schweizerdeutsch-speaking Switzerland. Despite some teething problems, the controls introduced in ski resorts to restrict Covid seem to be working. However I have some reservations as to whether the capacity restrictions are sufficient. I guess it is a trade-off of having longer queues or increased lift capacity. I believe some resorts are planning to restrict the number of ski passes they issue to help control the situation.

The Swiss approach represents a risk especially with high rates of infection in the community. The other Alpine nations are keeping their resorts closed and their governments probably hope the Swiss experiment fails. There has been a lot of opposition to the closures in the annual 34 billion euro winter sports industry, and some businesses may never recover.

However we are still learning about this disease. That ski resorts were epicentres of disease last season is well known – and I have reported on this extensively – but the finger of blame largely pointed towards apres ski activities. It will take a little of the shine off ski and snowboard holidays if you can only eat in your hotel or takeaway and all the bars and clubs are shut, but at least you can still ski and snowboard. And I have had some excellent winter sports holidays where the apres activities were conducted in a family or social unit setting.

I know some people would say I am stretching it, but isn’t there a possibility that winter sports reduce the risk of Covid? I spend a lot more time in the sun when I am skiing, and one of the early indications is that Vitamin D, generated by being in sunlight, protects against the disease.

My only gripe about the new arrangements is that the closure of restaurants last month meant that all the outdoor searing was removed. I hope this will not be the case this time round. People who order take-out pose little risk of spreading the virus if they are allowed to sit down outside to eat. In practice people have found a convenient rock or step or sunny spot to eat their picnic or take-out, but these old bones really appreciate a seat!

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Snow’n’Rail

SBB Train

The Swiss Railways provide an excellent discount deal for skiers, called Snow’n’Rail, which typically discounts the price of a rail ticket to a ski resort by 20% and the lift pass by 10%. it is available online or at Swiss Railway stations.

The new schedule for 2020/21 is out, and it is always interesting to see which new resorts have been added and which have fallen off the scheme. Sadly there have been some substantial losses this year – Zermatt, Saas-Fee, Gstaad Mountain Rides and the Vaud resorts (Leysin, les Diablerets and Villars-Gryon).

That still leaves a number of outstanding destinations such as Engelberg, Andermatt, Davos, St Moritz, Wengen, Portes du Soleil and Verbier, amongst others.

The brochure available at railway stations is thin on details this year, relying on you to see what is available at the Swiss Railways web site. Where routes include buses or cableways, these are also included in the offer. Swiss Railways also offer discounts on a number of other rail and winter sports combinations, such as tobogganing, snowshoe walking and cross-country skiing.

The Austrian Railways, ÖBB, offer a similar scheme which includes world class resorts like St Anton and Kitzbühel. They also run overnight services from Amsterdam, Hamburg and Düsseldorf to the ski resorts and a shuttle to Kitzbühel from Munich.

A full list of Alpine resorts which have a railway station is at the Snow and Rail web site. Daniel Elkan at SnowCarbon can assist people wanting to get to the Alps from the UK by train, offering a wider selection of resorts where the last leg might require a bus or taxi transfer.

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