The popularity of winter sports has rapidly grown over the last decades, becoming a mass touristic phenomenon, that - despite fun - can also be quite dangerous, especially for the unpleasant events which may occur.

As a matter of fact, even if it can not legally be considered as a “dangerous sport”, in accordance with the article 2050 of the Civil Code (pursuant to the most recent case law), the alpine skiing is characterised by the multiplicity of risks associated with its practice and in most cases with someone else’s actions.

Skiers or snowboarders must always keep, in accordance with the provisions of sector legislation (Law 363/2003 and the " The Skier's Decalogue”), a prudent and diligent behavior on the slopes, and must wear (for children under 14 years) the helmet ski or the snowboard helmet, in order not to endanger themselves and others and not to incurr in any liabilities.

Skiing Accident Compensation Claim: Who is liable? 

Apart the most common accidental falls, any damage-causing event occurred on ski slope may be related to a dangerous conduct, that can constitute (depending on the criminal or civil law aspects involved) a crime or an offence. These behaviours may be attributed to:

• ski area operator;
• ski instructor / school;
• to another skier.

Skiing Accident Compensation Claim: possible scenarios 

The collision with another skier or snowboarder is the most frequent event of accidents in the snow and, if it's due to inexperience, imprudence or negligence of one of the involved parties, the person who suffered the harmful consequence can decide to protect his/her own rights through legal actions, obtaining a compensation for damages for any injury suffered as a result of the accident.

It is important to remember that Article 19 of Law 363/2003 (Provisions addressing safety in the practice of the winter sports for alpine and cross country skiing), recalling the article 2054 of the Civil Code related to road traffic accidents, says that the civil liability of parties entered in collision is presumed to be equal, unless one of the skiers proves the fault of the other: even in the event of a collision, both skiers involved will therefore initially be considered guilty in equal measure for the accident.

In similar cases, it won't be easy to understand who is guilty and who is damaged: each of the involved parties can provide any useful evidence to prove the sole responsibility of the other skier to have caused the harmful event or, otherwise, the unforeseeable circumstances.

Skiing Accident Compensation Claim: Civil law 

Any act committed either with intent or with fault causing an unjustified injury to another person obliges the person who has committed the act to compensate damages.

This implies that any person who suffered damages as a result of a skiing accident, caused solely by another skier, is entitled to be compensated for patrimonial damages (medical expenses, care, equipment ...) and non-patrimonial damages suffered (physical and psychological injury, moral damages. ...).

If the responsible is covered by a third-party insurance, this will cover the costs to compensate the damages caused by the insured party. Otherwise, he will the only responsabile to fulfill the obligation to compensate the damages caused by the skiing accident. It will be useful to all skiers, when buying a ski pass, to request to the ski area operator for some information on the specific conditions provided by the ski insurance and daily insurance.

Skiing Accident Compensation Claim 

The following crimes could be committed as a result of skiing accident:

• manslaughter;
• failure to assist a people in danger;
• negligently causing personal injury. 

The crimes involving serious injuries governed by the Article 590 of the Criminal Code imply that the victim of the accident can make a complaint within three months from the event occured, so that investigations can be carried out in order to verify if the crime has been committed or not. The injured party may decide to join the criminal proceedings as a civil party seeking damages.

Notwithstanding this, the damaged party can anyway begin a civil action in order to obtain compensation for damages suffered. In any case, competent Court which is entitled to decide both the criminal and the civil matter is the one situated in the place where the accident occurred.

Are you a victim of a skiing accident? Do you need legal assistance for a defence against a claim for compensation for damages caused by skiing accident?

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