[2025] EWHC 1844 (KB)

Before I deal with the disputed factual evidence it makes sense to set out the agreed evidence. The experts on the local Finnish safety standards, Jaako Leinonen and Bernhard Klammer, provided a joint report on 8.5.2025 which was presented as agreed evidence. They advised as follows (I have corrected typos but left in the wording as it was written). The main duty of a guide when guiding novice drivers is the safety of the participants. This includes safety of equipment, instruction/safety briefing, track used, guiding (visual control of the group, selected speed, pacing where needed, selection of the driving mode of the SM). Safety of equipment: the guide has to make sure, that the equipment is safe and fits for the kind of tour he is guiding. He has to control if safety features are in use when driving (helmets, tether cord, the right driving mode in use). Visual control of the group: The guide always has to check how the group is proceeding and if any problems occur. He shall never be out of sight of the group. This also means, that the guide has to wait before a difficult section of the track and make sure, that the group can see how he is driving through this section. Selected speed: The guide adjusts the speed to the track and the group. Nobody is permitted to pass any other snowmobile, hang back to be able to speed up, etc. If a customer is slow the speed shall be adjusted to the slowest customer. Pacing: the guide sets the speed and has to take care, that customers can follow his speed without difficulties. This is really important in difficult track sections. In the section of the track where the accident occurred (a right turn followed by a straight part leading into a double left turn followed by a right turn) pacing is a must given also the light/visibility at the time of the accident. Selection of driving mode: the guide always sets the driving mode to ECO/learning mode for a beginner. Only after a reasonable distance driving he may change the mode but has to clearly instruct the customer on the changes and what it will mean for driving. Also, the customer shall be asked if he agrees with it. Snowmobile used was a LYNX extrem 900 with 90hp. This is not commonly used for tourist driving due to its power to weight ratio. It is safe for tourists in ECO mode. Normally used for tourist driving is the LYNX extrem 600, with 60hp and other snowmobiles specially produced for tourist driving. Lefthand turns: it is common knowledge for snowmobile tour operators that lefthand turns are potentially dangerous. The reason is, that beginners tend to push with the right hand for steering and unknowingly push at the same time the throttle which is situated on the right handle. When tightening the grip they even more press the throttle which leads to the max. acceleration. Klammer noted that 3 out of 4 cases he had to deal with had been accidents in lefthand turns with personal injuries.

Mr Leinonen’s agreed report contained the following opinions. He is a senior safety officer at TUKES. A government decree requires SM providers had a safety document for consumer services. Private routes (tracks) are less regulated. There was no legal obligation to use markings. The speed limit on private tracks like the one in this case is 60 kph. There was no legislation governing practice sessions. Some have training areas, others take place on the initial part of the track and then the group stops for a review. The Consumer Safety Act applied. The service must be safe for customers when correctly used. The duty of care was: “The operator must ensure that the consumer service does not pose a danger to anyone’s health or property, as required by the care and professionalism required by the circumstances. The operator must have sufficient and correct information about the consumer service and must assess the related risks. 920/2100 5§”. Around 50-80 accidents pa. are recorded in guided SM safaris, 5-10 are serious. Driver error is the most common cause. Gloves are typically a mitten with only the thumb separate (this is what the Claimant was provided with). If the evidence of AP and Jouni Satta is accepted their safety briefing corresponded with general practice. No safari can be completely safe. Customers should be told this before starting, usually on a liability form. 5-7 minutes for the briefing is usual. During the ride the guide will regularly turn to look back and supervise customer driving. The lead guide determines the speed. The safe separation distance is 10-30 metres but can vary depending on the speed and weather. The guide must keep visual contact. If the guide loses visual contact the safaris must be stopped. The most common SM used is the 600 cc. The Lynx has 3 power settings, Standard, Sport (increased power and acceleration by 25%) and ECO (limited power and acceleration by 40%). Safaris usually start in ECO and the mode can be changed during the safari. The Lynx 900 is a relatively popular model because it has the mode options. If the mode is changed it is important to familiarise the customer with the fact that acceleration and speed will be potentially greater. Mode change during the safari is commonly done. The customer’s driving ability must be closely assessed. If the Court accepts AP’s evidence his assessment was sufficient, but that is for the court to decide.