Hollywood star Gwyneth Paltrow is currently in court after being involved in a skiing accident at the Deer Valley resort in Utah, USA in 2016:
‘Reckless’ Gwyneth Paltrow caused Utah ski crash, lawyer says – BBC News
7 years after the collision, liability for the accident remains in dispute, with each party alleging that the other caused the crash. Paltrow claims that the GoPro video which captured the collision has since “disappeared”.
In the USA, a jury will review the evidence and will decide who caused the collision, just as a judge would determine liability in England after cross-examining the parties, witnesses and liability experts.
Interestingly, if the collision had occurred in France and French law applied, the Court does not always have to reach a determination on liability. In French law, where circumstances really are “indeterminate” both parties – if they are both injured – can receive compensation for 100% of their loss and damage from the other side’s liability insurer (for instance, see Court of Appeal of Chambery, ch. 02 – 5 juin 2014 – n° 13/01138).
The case emphasises the importance of obtaining and retaining evidence. Here is quick recap of what to do if you are involved in a skiing or snowboarding accident:
At Pierre Thomas Law, our multilingual and dual-qualified lawyers are hugely experienced in dealing with skiing and snowboarding accidents, both for victims and for insurers, in different jurisdictions (England, France, Spain) and where another law applies (French, Spanish, Andorran law…). Please check our pages dedicated to winter sports:
Ski & snowboard accidents – Pierre Thomas Law
Defending a winter sports accident – Pierre Thomas Law
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