Nestled within Europe’s iconic mountain ranges, France stands as a global magnet for ski enthusiasts, offering an enchanting blend of world-class slopes, luxurious resorts, and rich cultural heritage. From the majestic peaks of the French Alps to the scenic Pyrenees, the country has carved a niche as one of the world’s premier ski destinations. Each year, millions flock to legendary resorts like Chamonix, Courchevel, and Val d’Isère, drawn by their impeccable infrastructure, breathtaking landscapes, and a tradition of excellence in winter sports.
While the thrill of skiing down pristine slopes is exhilarating, accidents can occur even in the most well-maintained resorts and under optimal conditions. Collisions between skiers or snowboarders, equipment malfunctions, avalanches, and extreme weather events all pose potential risks, sometimes leading to severe or even catastrophic injuries.
The most common winter sports injuries are orthopaedic in nature, including knee ligament tears, fractures (particularly of the shoulder, pelvis, and lower limbs), and sprains. More serious incidents may involve head injuries such as concussions or traumatic brain injuries, spinal trauma, or, in the most severe cases, fatalities.
Fortunately, the French legal system has established specific compensation frameworks to support victims of injuries caused by third parties.
In cases where an accident results from the actions of another slope user, the injured party has a direct right of action against the liability insurer of the responsible individual. Moreover, there is no requirement to prove negligence. Under French law, if an injury or damage is caused using a ‘thing’ (such as skis, a snowboard or another type of equipment), the victim benefits from a presumption that the custodian of the ‘thing’ is liable. This legal principle offers significant procedural advantages to the victim, particularly in situations where there is no independent evidence available or if the parties’ versions are contradictory.
If the person who caused the collision was not insured, the victim may, under certain circumstances, submit their claim to the French Guarantee Fund, which will bear the burden in a manner similar to the one that applies to uninsured drivers in road traffic accident cases.
Additionally, if the accident was due to defective equipment, the victim will be entitled to claim damages under the contractual obligation of safety and security.
Regardless of the liability regime, the injured party will receive compensation covering both financial and non-financial losses. This includes reimbursement for medical expenses, treatment costs, loss of income, and expenses related to third-party care and assistance. Non-financial damages typically encompass compensation for pain and suffering, temporary functional impairment, permanent functional incapacity, cosmetic damage, loss of amenity. The overall compensation amount can vary significantly, ranging from a few thousand to several million euros, depending on factors such as the duration of incapacitation, the extent of long-term disability, ongoing care requirements, and the impact on the individual’s ability to work. Whether the level of damages is negotiated between the parties or subject to a court award, it is always guided by the principle of full compensation with no loss or gain, which is aimed at restoring the victim as close as possible to their pre-accident condition.
Maud Lepez is a solicitor at RWK Goodman in London and an Advocate at the Paris Bar.
This article was first published in De Rebus in 2025 (March) DR 13.
