Courts Sound Warning for Risk-Takers

A recent case has sounded a warning bell for those who knowingly take unnecessarily risky activities: the court will take a firm line in assessing damages for injury in cases in which the injured party has acted irresponsibly.

The case involved a skier who went ‘off piste’ with his skiing party when it was beyond his capabilities. He had a serious accident as a result of colliding with a tree and is now tetraplegic. He sued his skiing instructor, who organised the off-piste run, for damages.

The court reduced the damages payable to the man by a third because of his contributory negligence, because he should have known that it was dangerous to ski off-piste with his level of expertise and he should therefore have declined to accompany the rest of his party.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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