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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Disastrous Christmas Ski Conditions

Lack of snow on the French Alps could spell disaster for ski season

The 2022/23 winter ski season got off to a slow start compared to the extraordinary 2021/22 season. There was a 24% decline in first time winter visitors and a 9% drop in overall sales. The main reason for the modest start is the warm temperatures after Christmas, which forced many ski lifts to close at lower altitudes. Additionally there was a short holiday season due to the public holidays falling on the weekends. Compared to the five-year average, the decrease in first-time visitors is 11%, but sales volume held up.

Many winter sports enthusiasts who did make it to the mountains, often having booked their Christmas in the Alps many months earlier, were unable to ski and snowboard at all. Lower resorts in some areas closed or were unable to keep open resort runs and beginner areas.

Freak weather conditions do happen, in this case from warm air being swept up from the South. However it is hard not to think global warming is playing a part. Meteorologists at Météo France reckon that snow cover in mid-level mountain areas could be reduced by up to 40% by 2050 as a result of global warming.

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Recent Ski Fatalities

A Copper Mountain Ski Patrolman, right, along with an unidentified skier, pull an injured skier up a small hill on a patrol sled on the ride down to the St. Anthony Copper Mountain Clinic at the base of the mountain Friday, March 1st, 2013.

Young ski instructors drinking outside Le White Pub as snow fell at the upmarket resort of Flaine this week were united in the condemnation of the “cult of speed”.

So reports the Times, from behind a paywall, on the reaction to recent deaths resulting from ski collisions.

Already this month there have been two high profile fatalities in the French Alps. A five-year-old British girl was killed in a what an eye witness described as a ‘high-speed’ collision whilst in ski school on a blue run above Flaine. And a famous French actor, Gaspard Ulliel, died when he collided with another skier at La Rosière.

So is skiing an inherently dangerous sport?

For many people, a lot of the pleasure of snow sports is pushing personal limits. However, this is not a solo sport. There is a duty of care to other people. I have too often seen people on the slopes who do not seem to moderate their speed sufficiently on crowded slopes. What are the guidelines?

The FIS has set explicit rules on ski slope behaviour.

They begin by stating that “a ski­er or snow­board­er must be­have in such a way that he or she does not en­dan­ger or prej­u­dice others”. The rules go on to say that ev­ery ski­er or snow­board­er must be in con­trol. “He or she must adapt the speed and man­n­er of ski­ing or snow­board­ing to his or her per­so­n­al abil­i­ty and to the pre­vail­ing con­di­tions of ter­rain, snow and weather as well as to the den­si­ty of traff­ic. ” Pretty explicit.

However I’ve had people tell me that ski accidents “just happen”, that they are a part of the sport. I disagree. I think a lot of skiers and snowboarders go as fast as the best conditions they can expect allow. And then the unexpected happens. There’s an icy patch. A skier ahead takes an unexpected line. A misjudged manoeuvre is taken at the limit of the skier’s competence. The decision to push your limits is a choice you can make, but not if you are sucking a stranger into sharing the consequences.

And the more people on the slopes, the higher the likelihood of a misjudgement impacting other people. I often ski at off-peak times. There is nothing more enjoyable than hurtling down a pristine slope as soon as the lifts open, with an empty piste ahead of you. But on a busy spring afternoon, I am often aghast as I see someone weave through a crowded throng of mixed ability adults and children as if there was nobody else about.

The FIS rules make clear the responsibility of the uphill skier or snowboarder to people downhill of them. “A ski­er or snow­board­er may over­take another ski­er or snow­board­er above or be­low and to the right or to the left pro­vid­ed that he or she leaves enough space for the over­tak­en ski­er or snow­board­er to make any vol­un­tary or in­vol­un­tary move­ment. ” An overtaking skier should always allow for the downhill skier to do the unexpected.

To be able to ski fast on crowded slopes, some skiers choose a narrow line along the edge of the piste. I wonder if that was the circumstances of the little girl’s death? By all accounts the skier was very experienced, a local volunteer fireman. The little girl was possibly nervous about making a turn and the uphill skier may have already anticipated where he expected her to turn. I can only conjecture. But I have no doubt it was completely avoidable.

The importance of personal responsibility towards downhill skiers and snowboarders is emphasised by the FIS: ” A ski­er or snow­board­er com­ing from be­hind must choose his or her route in such a way not to en­dan­ger skiers or snow­board­ers ahead “. In other words, when you overtake you need to have evaluated the situation such that you can eliminate the likelihood of collision and are sufficiently in control to complete the manoeuvre safely.

I can’t count the number of times I have seen people approach lift queues too fast and crash into the queue. Why does it happen? Usually from a failure to appreciate that the snow conditions near a lift may be different from the snow conditions on the slope above. And approaching a bunch of people far too fast.

Other FIS rules requires skiers and snow­board­ers to re­spect all signs and mark­ings, en­ter­ or cross a marked run carefully, look behind before setting off and avoid stopping on narrow places or where there is restricted visibility. I see these rules broken all the time. I remember well my four year old daughter getting wiped out, fortunately without harm, by a skier who thought a no entry sign didn’t apply to him.

Because skiing is a sport that only requires an investment of money to participate in it, there is little opportunity to ensure there is a common understanding of the “rules of the game” or how they should be interpreted. Should they be better publicised and policed. I like that rules are not enforced in a heavy-handed way, but don’t the resorts carry a responsibility to ensure their patrons ski safely?

The Times makes some observations on addressing the dangers of the ski slopes:

There are now calls for more speed cameras and “traffic lights” to be installed on busy slopes, with complaints that high-capacity ski lifts and the construction of holiday accommodation has led to dangerous overcrowding on some pistes.

Should there be speed cameras and traffic lights? I am not so sure about speed cameras. My preference would be to have more “slow slopes” and informal controls, such as have ski instructors remind speed merchants to moderate their speed. I remember when I skied in Vail they had barriers with a spotter behind them encouraging people to slow down. That seemed to strike a reasonable balance.

Traffic lights could either be at the top of a slope or at the lifts, the latter being the most practical, even if it is somewhat of a blunt instrument. Limiting the number of ski passes issued at times of high demand would be unpopular, but effective at reducing crowds on the slopes.

There are times when some ski slopes are simply too busy to accommodate the volume of people on them, especially given the level of indiscipline and excessive speed of some skiers and snowboarders. If resorts choose to allow skiers and snowboarders to have passes issued in such number that the risk of injury in the prevailing conditions is greater, I think they carry responsibility for mitigating the consequences.

The skier who killed the little girl has now been charged with her manslaughter. I do ask myself whether the resort shares some culpability by not doing enough to create a safe environment. Is it to be considered part of the sport that excessive speed around children is acceptable?

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Customer experience: how important is it?

Person leaving a review

Customer engagement,Email marketing

Customer experience (CX) is super important to the success of your business. A positive experience stays with you. Equally, so does a bad one. To start delivering exceptional experiences, it’s import we understand what makes one. Read more about the best digital experience platform.

What is customer experience?

CX is the customer’s perception of your brand, based on their interactions with your business.

That means, every single interaction with your brand, from email marketing and website visits, to the purchase process, a tweet on social media – all of these interactions will contribute to their impression of your brand.

Everything you do impacts your customers’ perceptions – so every touchpoint matters. A good experience will leave them wanting more. A bad experience can drive them away forever.

The perception of your brand that customers take away from their experience with you will ultimately impact your bottom line. So getting it right is essential.

What’s the difference between customer experience and customer service?

As brands recognize the importance of customer experience, there can be some confusion about where it belongs in your business. Most brands have a customer service department responsible for interacting with customers. As a result, customer experience should sit with them, right? Unfortunately, it’s not that simple.

Customer service relates only to specific touchpoints where customers receive or request assistance. For example, when a customer calls an operator to cancel an order or emails a service provider. As customer experience is based on all interactions with your brand, customer service is effectively a part of it.

If you’re planning on adding a specialist CX team to your business, it’s important to remember that they are involved with far more than just the customer service team.

Customer services team image

Why is customer experience important?

We’ve already mentioned that customer experience can affect your business’s bottom line. Delivering an exceptional customer experience offers a range of benefits for your business:

  • Increased customer loyalty – when a customer trusts your brand, they’re going to return time and again.
  • Better customer advocacy – loyal customers are more likely to become brand advocates, sharing their experience with friends, family, and colleagues.
  • Longer customer retention – whether your buying cycle is long or short, a good experience will keep your brand at the top of customers’ minds when buying decisions need to be made.

How to measure customer experience

Customer experience can only be optimized and improved when you can measure your current success. As CX is based on customer perception, you need to gather insight from your customers.

  1. Reviews and ratings
    Requesting reviews and ratings of products and services is essential. Not only does it help product development, but it also helps you identify products or services that are failing to meet customer expectations.
  2. Unsubscribe survey
    Surveying customers when they unsubscribe from your email marketing will help you pinpoint reasons for customer churn. Churn is inevitable, but if you understand the reasons behind it, you can begin to optimize the customer experience to lower the churn rate.
  3. Customer satisfaction surveys
    You should regularly be sending customer satisfaction surveys to your database. You’ll increase your chances of getting responses if you incentivize your surveys with gift vouchers, but they’re a great tool to understand your customers. In these surveys, you can ask shoppers about anything ranging from website experience and opinions on new product launches using intelligent survey branching to create unique customer pathways.
  4. Customer service feedback
    Analyzing the feedback you receive from your customer service operations is also very helpful. If you use a support ticket system or ask qualifying questions you can reveal recurring issue among your customers. The ultimate goal is to reduce the number of tickets, calls, or live chats that are logged with your customer service teams.

4 tips to improve your customer experience

When strategizing to enhance customer experience, marketers frequently prioritize areas such as websites, automation, and social channels. However, it’s crucial not to overlook certain quick-wins that can make a substantial impact. For instance, optimizing content to attract TikTokviews from the UK is a valuable tactic that aligns with the broader goal of providing a seamless and engaging experience for your audience. By tailoring your content to resonate with the audience, you not only enhance your visibility but also cater to the specific preferences and interests of this demographic, contributing to an overall improved customer experience. Click this link here to see more.

Customer experience is important

Customer experience is important – that much is clear. Creating remarkable experiences will keep customers coming back, and if you’re really smashing it, advocating for your brand too. The more trust and loyalty you can develop with every interaction, the more the customer will spend with you, as you continue to meet their needs and expectations.

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