A High Court judge has found Inghams culpable in a skidoo accident which left a woman wheelchair bound for life and which could change the face of the industry.
The case was brought against the ski operator’s owner Hotelplan by Emma Moore following a skidoo excursion in January 2007 at the Passo Torale ski resort in Italy.
Moore had been on the excursion when she lost control of the skidoo as the trip came to an end, crashing into a car park and severing her spinal cord.
Delivering his verdict at the Royal Courts of Justice in London, Mr Justice Owen ruled against the ski operator after finding that Inghams was providing the excursion and not simply acting as an agent while the standard terms of the holiday contract, as defined by the Package Travel Regulations, do apply.
Mr Justice Owen also found Moore had not been told about the emergency cut-off button which stops the skidoo and he also found the skidoo would have stopped in time had she used the button.
However, he also found that Moore had been 30% responsible for the accident in her own contributing negligence and any ensuing compensation payment would be reduced by that amount.
Although it is too early to say what the value of the compensation might be, it is expected to be “very substantial”. Lawyers representing Inghams have already said they will appeal against the decision and the Court of Appeal is expected to make a decision in about six months time.
If the decision is upheld, it is likely that the case will act as a precedent for any future similar cases, as county courts, where these sorts of hearings are normally held, are expected to follow the guidance set by cases at the High Court.
If so, operators will need to consider whether or not to still allow reps to offer excursions as they could find themselves being held responsible for any mishaps.
A Hotelplan spokeswoman said: “We sympathise with Mrs Moore and her family. Hotelplan is however disappointed with the judgment and maintains that the company was not responsible for the accident.
“Unfortunately sometimes accidents can simply occur and this was sadly one of those occasions. Following legal advice, Hotelplan has requested leave to appeal.
“We are concerned about the implications that this judgment has on tour operators’ responsibility for the provision of excursions in resort. It finds that tour operators are liable for excursions booked locally as a supplier, rather than recognising they are simply acting as an agent for the supplier.
“This may result in tour operators reducing or withdrawing from offering local excursions due to the potential risk of liability involved. We are concerned that this could force customers to make their own in resort arrangements, thereby increasing the risk of choosing a supplier that has not been subjected to the checks that tour operators would normally carry out.”