 Poster: A snowHead
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Last season during a ski lesson my 9yr old son was wiped out by an adult skier and broke his wrist. The adult in question picked him up, said words to the effect of 'you are OK' and promptly skied off. As a result my wife and son missed 3 days of skiing (enjoyment factor, loss of use of ski pass, missed ski lesson, etc.), although we had to be most firm because he said he could ski without sticks! In a similar incident many years ago it was my wife who was bowled over, hurting her back and breaking a ski pole and again the offender failed to hang around.
So, what is the correct protocol? Swap name and address, maybe insurance details? Is there any realistic hope of pursuing the miscreant for damages? Will your insurance company do this on your behalf? Should a parent expect a ski instructor (acting in loco parentis) to gather the same information?
Cheers
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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MontriondSkier, Sorry to hear about the above. I don't know for certain, but my gut answer is that I would expect all of the above suggestions ^^^^^^^^^. However, I wonder what you do if you are crashed into by the equivalent of the 'uninsured driver'. Do local skiers in their own country carry separate ski insurance or third party injury cover? Somehow I doubt it.
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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As a ski instructor I am required to gather information on any incident where a student is injured. I'm also required to obtain names and addresses of any witnesses if Ski Patrol haven't already done so. If the adult had skied off leaving an injured child I would have been alerting Ski patrol and Security, and would hopefully have another instructor nearby who could follow the adult. In CA it is taken as a Moving Violation - the same as a hit-and-run in a car.
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You need to Login to know who's really who.
You need to Login to know who's really who.
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FIS code of conduct:
10: Identification
Every skier or snowboarder and witness, whether a responsible party or not, must exchange names and addresses following an accident.
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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If it happened during a lesson I'd be concerned that the instructor didn't get details from the adult - if they stopped to pick them up and/or help, surely the instructor would have seen what was going on?
Having been in similar situation, where someone acting like an back bottom took out a downhill skier in the group, nobody saw it at the time and stopped him, but what should we have done? Taken his details (which they'll probably lie about, who carries ID on the slopes?) or take a lift pass, escort to a lift station to report it?
Ultimately I think we need to accept that skiing is a sport which has its dangers. One of the dangers is people who don't know what they're doing, or making stupid decisions. People get injured, however other than the most serious incidents nothing is going to come of it. If we started suing each other every time someone fell over getting off a chairlift and bruised our leg a bit it would start getting silly.
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You'll need to Register first of course.
You'll need to Register first of course.
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| Megamum wrote: |
| MontriondSkier, Do local skiers in their own country carry separate ski insurance or third party injury cover? Somehow I doubt it. |
Megamum - In Europe at least third party liability cover is often included in other forms of insurance. I know for example that in Holland home insurance has third party / public liability insurance included - you are covered if you kick a football over the fence and break a window, etc. My Norwegian annual travel insurance has third party cover too.
Monium - I agree that there are inherent dangers of skiing however I believe in taking responsibility for your actions. If somebody skis into me, breaks my ski stick and skis off, is there much difference from them stealing it from outside a restaurant? Fortunately my son's injury was a minor greenstick and he was out of plaster in about three weeks. The travel insurance paid out for the piste 'rescue' (EUR210 to escort him ~200m to the clinic!) and the medical insurance paid out for the treatment. The consequential losses were ski lessons & ski pass paid for but not used for son & mum - a few hundred euros that I can afford, but why should I accept that? If the same injuries occurred to a self-employed carpenter for example who could not work for several weeks the consequential losses could be thousands of euros, and that is without considering the nightmare scenarios of a broken back/neck, etc. resulting in a lifetime of care.
Has anybody successfully pursued a third party for compensation?
Last edited by You'll need to Register first of course. on Mon 4-10-10 13:57; edited 1 time in total
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In Austria any collision which causes injury its law to exchange names & addresses, Hotel details & report the incident to the Police immediately.
Even if there no sign of injury it is worth doing this.
Also take a photo of the person(s).
MontriondSkier,
In Holland it is indeed the law for everyone to have "Aansprakelijkheidsverzekering" (Liability insurance) it only costs around €28 per year & typically covers upto €1M
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MontriondSkier, did you travel insurance not cover the unused ski lessons and lift pass?
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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| MontriondSkier wrote: |
| If the same injuries occurred to a self-employed carpenter for example who could not work for several weeks the consequential losses could be thousands of euros, and that is without considering the nightmare scenarios of a broken back/neck, etc. resulting in a lifetime of care. |
In which case, that carpenter wants to have damned good health and critical illness cover. If the risk of injury is so great and they cannot afford this kind of cover, they need to consider a potentially less hazardous sport. All self employed people are in the same position, and those employed have statutory sick leave and benefits if they can't work.
Not ideal, but at some point we have to take responsibility for taking part in a sport which is higher risk than most - or at least has the potential for greater injury.
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| Monium wrote: |
| ......If we started suing each other every time someone fell over getting off a chairlift and bruised our leg a bit it would start getting silly. |
Breaking a wrist is rather different from 'bruising our leg a little bit'.
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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I think you have to implictly assume that there is a risk of collision in any ski environment. Most thankfully don't come to anything and I've had the pleasure of anticipating most people who were going to hit me and on occasion deploying a strategic elbow or shoulder to limit my damage at least. Think its been a few years since I had a collision (when I was static on the cattrack outside Plan Joran in GM) and I'm pleased to say that while the (English Cnut) did knock me over he was in far worse shape.
So while its a nice idea I'd resist the idea of litigation except in very serious incidents.
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And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
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| MontriondSkier wrote: |
| So, what is the correct protocol? |
Skoosh down the piste and mash the dude up.
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