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Wednesday, 10 March 2010 14:59 |
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The High Court have made their decision, finding tour operator Inghams were liable for its customers health and safety during an excursion through a third party during which a ski-mobile accident left the rider wheelchair-bound for life.
Emma Moore brought the case against tour operator Inghams after suffering the accident at the Passo Torale ski resort in the Italian Alps in 2007. Moore claimed that she had not been fully instructed about the controls of the skidoo nor adequately trained in how to use the machine. The Court heard Moore had not been made aware of the emergency cut off button, which could have prevented such a serious crash.
Mr Justice Owen ruled that the ski operator could be held responsible for the accident under the terms of the package travel regulations, finding that Inghams and HotelPlan were providing the excursion themselves and not just acting as an agent for the activity.
It is thought the case could have far reaching implications for similar cases in the future as county courts will follow the guidance set out by the high court.
Damages are expected to be “very substantial” and though an appeal is expected to be lodged by Inghams, tour operators are being urged to review their terms and conditions. |