General News

The resort of Puy St Vincent

The ski instructor Jerome Portejoie, was however found to be two-thirds liable, with the Claimant himself one-third responsible.

Wendy Lyotier of Snowbizz commented, “This is the first time that I have been allowed by lawyers to speak about the case since the accident occurred, in 2004.  The most important thing to say is that we are desperately sorry that a customer of ours suffered such appalling injuries while on a skiing holiday in Puy St Vincent.  While we all know and accept that skiing – as with many sports – can be dangerous, in all 22 years of operating there we have never before been involved in a similar incident.”

Insurance is a neccesity

Mr Justice Foskett, said in his Judgment that he felt Mr Portejoie, the instructor, “took his eye off the ball on this particular occasion”, but tempered this comment by saying “it may be of some comfort to Mr Portejoie to know that there are very many distinguished and ordinarily highly competent and conscientious doctors, lawyers, accountants, engineers, surveyors and the like who, on an isolated occasion in their lives, are found to have been negligent within the meaning of the law.  He should look on this as one of those isolated occasions.”

Editor of Ski+board, Arnie Wilson commented, “We should all, of course, be morally and intellectually responsible for our own safety.  Unfortunately, just as wearing a helmet can lull you into a false sense of security, a similar feeling of being less vulnerable can apply when you are accompanied by a ski instructor, regardless of how professional he or she might be."

He added, "The mantra of every skier should be that they alone know their capabilities, and they alone can judge if skiing a particular slope is within their comfort zone or not.  But, of course, if you are with an instructor there are certain aspects of skiing you have to take on trust.  It’s important to remember, too, that serious accidents involving tree collisions can also occur on so-called easy or nursery runs.  Skiing requires 100% concentration, 100% of the time; it takes place in a beautiful but potentially dangerous environment, and there will always be a risk factor involved.”

In closing, the Judge urged skiers to take out adequate insurance cover that would provide substantial funds if permanent serious injury, including paralysis, should occur.

Mr Portejoie's French insurers have agreed to make a 100% contribution to the award and damages will be assessed at a later date.

Graham Anderson was injured towards the end of a week-long holiday with Snowbizz in Puy St Vincent, France with his wife Lesley and two sons, in February 2004. While skiing off-piste, he lost control and sped into a tree at the bottom of the slope, losing consciousness on impact. As a result of the accident, he is now a wheelchair-bound tetraplegic.