Oscar winning film star turned Goop CEO, Gwyneth Paltrow recently made headlines following a ‘hit-and-run ski crash’ that occurred in 2016. However, on 30th March 2023, 7 years after the collision, Utah jurors ultimately found that Ms Paltrow was not liable for the crash. As a result Ms Paltrow was awarded $1.00 in damages.
So what is it all about Gwyneth…?
On 26th February 2016, Ms Paltrow and her family were enjoying a luxury ski trip on the slopes of Flagstaff Mountain, Utah, when she collided with retired optometrist, Dr Terry Sanderson. As a result of the collision, Dr Sanderson claimed he had suffered ‘‘permanent traumatic brain injuries, four broken ribs, pain, suffering, loss of enjoyment of life, emotional distress and disfigurement.’’ Subsequently, Dr Sanderson filed for damages in 2019, seeking $300,000.00. Ms Paltrow counter-claimed. Following testimony from a neurologist for Ms Paltrow, they found that Dr Sanderson showed ‘‘no evidence of post-traumatic brain injury.’ Newton’s theory of gravity was also used explain why Ms Paltrow’s claim that Dr Sanderson hit her was on the balance of probabilities more plausible, leading to Ms Paltrow’s counterclaim prevailing.
How to stay safe
The International Ski Federation set out a number of rules, and below are the six key rules applicable to this case. The ISF believe these rules will help you stay safe on the slopes.
- Skiers and snowboarders are responsible not only for their own behaviour but defective equipment.
- The skier or snowboarder in front has priority.
- A skier or snowboarder who overtakes another is wholly responsible for completing the manoeuvre in such a way as to cause no difficulty to the person being overtaken. This rule also applies when overtaking a stationery skier or snowboarder.
- Skiers or snowboarders entering the slope must do so with caution, without causing any obstruction or danger to themselves or others.
- Be aware of the degree of difficulty of a slope:
- a Green-beginner
- b Blue-intermediate
- c Red-hard
- d Black-difficult
- Everyone has the responsibility as a responsible person to provide information as a witness if an accident has occurred.
In Ms Paltrow’s case it was held that Dr Sanderson had breached rules 1-4 rules and that was the cause of the accident, allowing Ms Paltrow to recover nominal damages against Dr Sanderson as the negligent skier.
What if this happened in Scotland?
Had Ms Paltrow and Dr Sanderson collided on the slopes of Glenshee, it seems likely that, the outcome would not have been significantly different, given the laws of gravity. Even if Ms Paltrow had been found responsible for colliding with Dr Sanderson, the lack of supporting evidence for a post-traumatic brain injury would have limited Dr Sanderson’s claim to a concussion and four broken ribs, meaning the value of any settlement in Dr Sanderson’s favour would have been significantly less than he claimed for.
At Thorntons we do Personal Injury claims, and will provide professional advice and support to clients who come to us with injuries. If you have had an accident then please contact us to discuss your potential claim further.
