Ski Accident
Attorney / Criminal Defense Lawyer for Ski Accidents in Austria
Most ski accidents occur in the winter sports regions of Salzburg, Tyrol, Vorarlberg, Carinthia, Styria, Upper Austria, and Lower Austria. We have four law firm branches in Austria and can therefore optimally represent you at any accident location.
Our German clients particularly appreciate that our law firm is also admitted in Germany. This facilitates communication with their German “house lawyer” and German legal protection insurance. We are the ideal “translators” from German to Austrian law.
Ski accidents often happen far from home. We also have a solution for this. Conducting all consultations via video conference or telephone is a matter of course for us. This saves you many kilometers of travel.
For an initial acquaintance, we offer a free and non-binding first consultation. You can select and book your preferred appointment directly online.
Select Your Preferred Appointment Now:Free initial consultationConduct after a Ski Accident
If you yourself were involved in a ski accident or witnessed one, you must – provided you are not the victim – always provide assistance. Failure to render aid is a criminal offense in the event of an injury.
1. Secure the accident site
First, secure the accident site. Cross your skis into the snow above the accident site or wave a jacket to warn approaching skiers. Securing the site always has top priority, no matter how severe the injuries may be. It is futile if accident helpers are injured by subsequent skiers due to a lack of securing the site.
2. Provide first aid
Always provide first aid to injured persons. Make sure to keep injured persons as warm as possible. The shock of an accident, combined with the weather, can easily lead to life-threatening hypothermia.
3. Call for help
If further assistance is needed, dial the European emergency number 112. Do not hang up the phone until the emergency service has recorded all data and ended the call. If a telephone alarm is not possible, then help must be sought by other means, provided this can be done safely. If this is not safely possible, it is advisable to remain at the accident site. Injured persons should only be left alone in the most extreme emergencies.
4. Secure evidence
Secure all evidence. Only begin securing evidence once the accident victim is being attended to by you or other persons.
5. Inform the police
If you cause an accident resulting in personal injury, you are obliged to inform the police. The police should be informed in any case as soon as there is even the slightest suspicion of a minor injury – even if the victim does not deem it necessary. Failure to inform the police by the perpetrator of personal injury is a criminal offense.
Select Your Preferred Appointment Now:Free initial consultationSecuring Evidence after a Ski Accident
Secure all evidence. It is best to use your mobile phone camera to take photos and videos.
1. Record personal details
The FIS Rule No. 10 states that every skier, whether witness or participant, whether responsible or not, must provide their personal details in the event of an accident.
As a first step, document all persons involved in the accident, witnesses, and also helpers who arrived later. Ideally, for documentation, photograph the IDs or personalized ski passes of the individuals, or create a video of each person stating their name, address, phone number, and email.
2. Create an accident report
For securing evidence in a ski accident, documentation of the ski accident is necessary:
- Accident site
- Parties involved
- Course of the accident
- Injuries
- Property damage
- Position of witnesses at the time of the accident
- Witness statements
- Description of a person who fled (e.g., accident perpetrator)
- Assistance provided
- Further course of events
3. Notify your attorney / criminal defense lawyer
In accidents involving personal injury, an investigation is also carried out by the police. Victims or perpetrators of a ski accident should definitely contact our law firm before any questioning by the police.
Even small errors during questioning can lead to irreparable consequences for your future. As a rule, a written statement by the attorney is therefore the better choice than an oral interrogation without prior legal advice.
Peter HarlanderHarlander & Partner Rechtsanwälte „Ohne anwaltliche Vertretung ist eine Einvernahme als Unfallopfer oder Unfallverursacher nicht ratsam.“
Claims after a Ski Accident
In the event of a ski accident in Austria, Austrian law is applicable in almost all cases. This also applies if all parties involved in the accident are from abroad. All claims of injured persons must therefore be examined under Austrian law.
In the event of a ski accident, claims for damages exist for
- Pain
- Property damage
- Rescue costs
- Medical costs
- Frustrated expenses
- Loss of earnings
- Lump sum expenses
Liability for a ski accident falls upon the person who culpably and unlawfully caused the accident. In assessing liability, the courts refer to the FIS Rules and the POE Piste Regulations Draft as decisive standards of care.
Pain
Pain and suffering compensation is intended to compensate the injured party for the pain and discomfort caused by the ski accident. It is not uncommon for individuals to suffer physical injuries during ski accidents. Common examples include cuts, bruises, bone fractures, and concussions. However, all consequential and long-term damages must also be compensated in the form of pain and suffering.
The amount of pain and suffering compensation is calculated using daily rates, distinguishing between minor, moderate, and severe pain. These amounts are sometimes awarded at different levels in various judicial districts.
For example, in the case of personal injury involving 3 days of severe pain, 8 days of moderate pain, and 21 days of minor pain, the Regional Court of Salzburg (LG Salzburg) would likely award pain and suffering compensation of approximately EUR 5,520.00.
Property damage
Property damage, such as ski equipment damaged in a ski accident, must be compensated by the accident perpetrator if caused unlawfully and culpably. The purpose of the claim for damages is to provide the injured party with compensation for the loss suffered through a claim for reimbursement.
When replacing used items, the “new for old” problem arises, which can lead to only the current market value of the damaged item being reimbursed.
Rescue costs
If, for example, a rescue by helicopter is necessary due to a ski accident, the injured party can claim these costs from the accident perpetrator.
Medical costs
Healing costs include, for example, expenses for medication, medical aids, treatments, and also travel costs.
ATTENTION: If the services were provided by the social insurance provider, the related claims against the person causing the damage are transferred to the social insurance provider.
Frustrated expenses
The injured party is entitled to compensation for frustrated expenses. This includes, for example, costs for a no longer needed hotel room, travel expenses for a non-transferable holiday, and cancellation fees.
Loss of earnings
If the accident victim suffers a loss of earnings, the accident perpetrator must compensate for it if the accident was culpably caused.
Lost Profit
Loss of profit occurs when the injured party loses a future opportunity whose realization was almost certain beforehand. This could be, for example, the failure to receive an imminent but not yet finalized professional promotion because the accident victim is no longer able to due to permanent damage.
Loss of profit must be compensated by the accident perpetrator in the event of gross negligence.
Lump Sum Expenses
The injured party also has a claim for a lump-sum contribution towards expenses incurred in connection with the ski accident. This particularly includes their own time spent or travel costs to doctors or physiotherapists.
Under the heading “Lump-sum Expenses,” up to €200.00 is usually awarded, provided no higher costs are proven.
Select Your Preferred Appointment Now:Free initial consultationLiability for Ski Accidents
Non-compliance with FIS Rules of Conduct
In a collision between piste users, non-compliance with the FIS Rules of Conduct generally establishes liability for the consequences of the accident.
Skiing under the Influence of Alcohol
Unlike road traffic, there is no legal blood alcohol limit (BAC limit) on the slopes. Nevertheless, the risk of skiing under the influence of alcohol is high.
In the event of a ski accident, alcohol influence has multiple effects. If the accident victim is intoxicated, the court often attributes contributory negligence to the victim. If the accident perpetrator is intoxicated, this almost always results in gross negligence. The accident perpetrator is then liable for the replacement value of damaged property and also for the accident victim’s loss of earnings.
Alcohol thus has a direct impact on the scope and amount of claims to be asserted.
Anyone who is impaired while skiing due to alcohol influence commits the criminal offense of endangering physical safety – even if no one was injured. Anyone who injures others due to alcohol influence commits negligent bodily harm, which is punished more severely due to the grossly negligent causation.
Skiing under the Influence of Drugs
The same applies to skiing under the influence of drugs as to skiing under the influence of alcohol.
Faulty Ski Equipment
A defect in ski equipment can lead to accidents and injuries. Several scenarios are conceivable:
- Own errors
- Errors by a ski seller
- Errors by a specialized workshop
- Errors by a ski rental company
- Errors by the ski manufacturer
Own errors
In its decision 3 Ob 38/97b, the Supreme Court (OGH) derived from the duty of consideration under FIS Rule No. 1 that it is among the behavioral obligations of an alpine skier to have the binding adjustment carried out by a specialist.
Anyone who maintains their ski equipment themselves takes a great risk. If, for example, the ski binding was adjusted by oneself and a fall then occurs during a straight run due to the binding releasing, then a self-inflicted incorrect adjustment is considered the cause of the fall, unless the fallen person can prove another cause.
Third-party errors
Ski sellers, ski workshops, ski rental companies, importers, and ski manufacturers are liable as specialized businesses for faulty equipment or incorrect adjustments.
The plaintiff, and thus usually the accident victim, must prove that faulty ski equipment was responsible for the accident, whereby the so-called “prima facie evidence” is sufficient. Prima facie evidence allows conclusions to be drawn from proven facts to facts to be proven, based on empirical principles. For example, in decision 3 Ob 38/97b, the OGH concluded from the fact that the binding released during a straight descent before the fall that the adjustment must have been faulty. It is then up to the person who adjusted the binding to prove that another event was at least equally causative of the fall.
Defective Lift Facilities
By purchasing a lift ticket, a contract is concluded between the cable car operator and the passenger. The cable car operator is liable to the passenger, who is in possession of a valid ticket, under the transport contract. This results in particularly favorable liability regulations for the passenger.
The main obligation of the transport contract is the transportation of the passenger by cable car. Additionally, there is the contractual secondary obligation not to impair the physical well-being of the passengers.
Furthermore, strict liability of the cable car operator is possible based on the provisions of the EKHG (operating risk), which is also advantageous for the passenger.
The cable car operator must, in particular, ensure that both the transport system itself and the entry and exit points are in a safe and hazard-free condition for the transportation of passengers.
Additionally, the cable car company is responsible for ensuring that the designated ski slopes and ski routes are in a secured condition and that an organized rescue service is established.
Inadequate Securing of the Ski Area
Depending on the type of descent, a distinction must be made between the organized ski area, comprising all ski slopes, ski routes, and special areas, and the free ski area, which is terrain outside the organized ski area.
The cable car operator is responsible for the organized ski area regarding marking, width, preparation, control, and protection against alpine and avalanche hazards. The organized ski area is generally recognizable by its mandatory marking, as well as by its protection against dangers (especially fall, collision, and avalanche hazards) and the preparation of the piste.
The duty to secure the piste arises from the transport contract, meaning that the cable car operator is generally liable to the piste user for the safe and hazard-free condition of the organized ski area for any fault, provided a valid ticket is held.
However, it must also be considered that complete traffic safety on ski slopes is not achievable. Therefore, exaggerated demands should not be placed on the obligations of the cable car operator.
The cable car operator’s duty to ensure traffic safety generally extends only to the edge of the piste, which is either determined by natural conditions or can be artificially marked by the cable car operator. However, according to general opinion, the piste safety obligation also includes extraordinary sources of danger in the immediate vicinity of the piste (approx. 2 meters).
The specific scope of the duty to ensure traffic safety always depends on the circumstances of the individual case. Specifically, it must be determined which measures are possible and reasonable for the cable car operator to avoid a danger.
For piste users who do not have a valid lift ticket (e.g., ski tourers), the operator of a designated piste is liable for the condition of the path according to § 1319 a ABGB, whereby liability here is limited to intent and gross negligence.
For the so-called free ski area, however, there are no traffic safety obligations for the cable car operator; here, liability only applies within the framework of the ‘Ingerenz principle’ for atypical dangers created.
Inadequate Special Areas
Special areas include, in particular, fun parks and similar facilities, as well as training and race tracks. Insofar as these special areas are operated by the cable car company, they are part of the organized ski area.
Within the framework of traffic safety obligations, the facility operator must in any case maintain a safe and hazard-free condition of the facility and protect users from recognizable dangers. Furthermore, a spatial separation of the fun park from the general piste is required.
Due to the increasing number of accidents in fun parks, some involving serious injuries, the FIS has issued a “Code of Conduct for Snow Parks,” which is intended as a supplement to the well-known FIS Rules for skiing.
Faulty Ski Course
A ski instructor contract is concluded between the guest and the ski school owner, whereby the ski school owner instructs the guest in the knowledge and skills of alpine skiing for a certain period in exchange for payment. A specific training success is generally not owed in this context. A secondary obligation arising from the contractual relationship is the duty to ensure the physical safety of the guest. A special feature of the contractual relationship is the hierarchical relationship between the ski instructor and the guest.
The ski school owner is liable to the guest for damages resulting from accidents during the course due to their own fault or the fault of their ski instructors under contract. The ski instructor themselves is a vicarious agent of the ski school owner and is only liable to the guest under tort law.
An exclusion of liability by the ski school for personal injury, such as bodily harm, is not possible. For property damage, such as damaged ski suits, the ski school may exclude liability for slight negligence, provided this is contractually agreed, for example, in the form of General Terms and Conditions.
Furthermore, participants in ski courses have the same rights and obligations as other slope users. In particular, they must also observe the general rules of conduct, especially the FIS rules. If the guest themselves is at fault in an accident, liability is generally apportioned.
Avalanches
The detectability of an avalanche risk is characterized by significant uncertainty factors. According to the European Avalanche Danger Scale, 5 danger levels are distinguished, depending on the probability of release.
Avalanche bulletins are published by the competent authorities at irregular intervals and when the danger situation changes. Furthermore, conclusions regarding any existing avalanche danger can be drawn from data from nearby weather stations and snow measurement stations.
In addition to the cable car operator, who is responsible for the physical well-being of slope users due to contractual ancillary obligations, municipalities in particular are obliged to prevent avalanche danger. The members of the avalanche commissions, however, generally advise on a purely voluntary basis and would therefore only be liable in cases of wilful intent.
If an avalanche accident occurs in an organized ski area, the cable car operator is liable for culpable conduct. A prerequisite for this is that the danger was foreseeable.
Snow Groomers, Snowmobiles
The use of snow groomers and snowmobiles is restricted to essential operational trips.
According to established case law, skiers must not be hindered or endangered by the use of snow groomers more than is absolutely necessary to ensure proper piste maintenance. Warning posts must be set up at blind spots. In addition, appropriate warning devices (flashing lights) must be installed on the snow groomers themselves. When reversing or in areas with poor visibility, the snow groomer driver must sound a horn or emit an intermittent whistle signal.
Suitable warning devices (for example, switched-on headlights or a high-flying flag attached to a pole) must also be installed on snowmobiles.
Select Your Preferred Appointment Now:Free initial consultationProcedures after Ski Accidents
Civil Proceedings
The injured party must assert their private law claims (claims for damages, claims for pain and suffering, claims for wasted expenditure) before the civil courts.
If criminal proceedings are initiated against the party causing the accident, civil law claims can already be asserted in any potential criminal proceedings in the form of a private party claim.
Criminal Proceedings
If the opposing party in the ski accident is injured or equipment is damaged, this can have criminal law consequences for the party causing the accident:
- Negligent bodily harm
- Endangering physical safety
- Property damage
- Negligent homicide
Uninvolved third parties can also face criminal consequences in cases of failure to render assistance or abandoning an injured person.
Civil law claims can be asserted in criminal proceedings as part of a private party claim.
Administrative (Penalty) Proceedings
Administrative law contains numerous statutes whose scope of application is also relevant in connection with winter sports activities. Specifically, “freeriding” or driving on “forest paths” can constitute an administrative offense.
The violation of administrative laws is, in most cases, associated with a fine notice issued by the competent authorities. We would be pleased to advise you on legal remedies against fine notices.
