'Learn to ski' package holiday injury.

Gouldbourn v Balkan Holidays Ltd and Another [2010] EWCA Civ 372

Court's Decision

In this recent Court of Appeal decision the Court held that the conduct of a skiing instructor had to be judged against the relevant local standards in Bulgaria and in the absence of any such evidence the Claimant had failed to establish negligence.

Facts of the Case

This claim related to an accident which occurred in Bulgaria on 17th February 2004. The Claimant (“Mrs Gouldbourn”) travelled to Bulgaria with her husband for a “six-day learn-to-ski” pack. Mrs Gouldbourn booked a package holiday through the first Defendant (“Balkan Holidays”). On the day after arrival in Bulgaria Mrs Gouldbourn and her husband had their first ski lesson with an experienced ski instructor.

They were in a class of about 12 people and there was a mix of complete beginners and those who had some previous experience of skiing. The ski instructor was aware that Mrs Gouldbourn was a complete novice. The weather was poor on that day and so not much skiing was possible.

On the second day of skiing the ski instructor took the group to the nursery slopes and they practised snowploughing, braking, turning and were taught how to use the ski lifts. On the third day of skiing the group started off in the morning on the nursery slopes. In the afternoon the group was taken up one of the mountains, however two members of the group refused to go.

Mrs Gouldbourn did go up the mountain with the majority of the group and followed the instructor and other members of the group down the mountain. Mrs Gouldbourn got into difficulties very soon after setting off and fell injuring her knee.

Upon returning to England, Mrs Gouldbourn brought an action against Balkan Holidays alleging amongst other things that the ski slope was inappropriate for beginners and that the ski instructor had not exercised reasonable care and skill in his assessment, instruction and supervision of her.

The Court at first instance dismissed Mrs Gouldbourn’s claim and she took her claim to the Court of Appeal where Lord Justice Jacob, Lord Justice Leveson and Mr Justice Briggs agreed with the first instance Court (Birmingham Civil Justice Centre) and dismissed Mrs Gouldbourn’s appeal.

The Court of Appeal found that the lower part of the mountain that the ski instructor had taken the group to was a natural progression from the nursery slope and therefore directed itself to assessing the issue as to whether the ski instructor had acted with reasonable care and skill in his assessment of Mrs Gouldbourn.

Whilst both Mrs Gouldbourn’s representatives and the Defendant’s representatives had obtained expert evidence, neither expert provided evidence as to what the standards of teaching for ski instructors in Bulgaria was. The Court held that when considering if the ski instructor had exercised reasonable care and skill the Court had to analyse the local standards i.e. the standards relevant to the Country in which the accident occurred. In the absence of such evidence as to local standards, the Court was unable to find that the ski instructor had fallen below these standards.

Comment

There was no argument that what Mrs Gouldbourn booked was a package within the definition found within The Package Travel, Package Holidays and Package Tours Regulations 1992. This important regulation was implemented in the United Kingdom by way of a European Directive and came into force in December 1992. One of the main intentions behind this regulation was to provide better consumer protection surrounding package holidays amongst members of the European Union. This regulation enabled Mrs Gouldbourn to pursue her claim in the English Courts against her tour operator and if her claim had been successful then she would have been entitled to damages based on English levels of compensation. This is a very useful regulation for holiday makers and means that many injured people can pursue their claim in the familiar English Courts despite their accident occurring abroad.

This case is very useful as it highlights the importance of obtaining the right expert evidence. The Courts have yet again illustrated that if they are being asked to consider the standard of care provided by a Defendant to an injured party, then that injured party must present evidence of that local standard to the Court.

When abroad it must be remembered that England has high safety standards, however in other parts of Europe and further afield these standards are unlikely to be the same. Extra care should be taken when travelling abroad in unfamiliar territory as it will not always be obvious where the standards will differ. There have been numerous accidents involving various issues where standards have differed including the strength/quality of glass windows, the depths of swimming pools, height of steps and the need for banisters on stairs to name but a few.

If you have suffered injury whilst on holiday and are unsure whether you have a claim then please contact Miss Jennifer Davey on 01344 783 895 who will be happy to discuss your case with you.

Ascot Lawyers can provide legal advice if you have been injured in any type of accident. Call now on 0845 300 3574 to speak to a member of the personal injury team or go to our Do I have a Claim page to submit details of your personal injury claim on line. We will be happy to discuss the individual circumstances of your case and assist you further.

Links:

Do I have a claim? Personal Injury section

:::back to top:::