Attorney for Cross-Country Skiing Accidents in Austria

Our attorneys specialize in out-of-court and judicial legal representation in civil proceedings and criminal proceedings due to cross-country skiing accidents in Austria.

Legal Consequences of Cross-Country Skiing Accidents

Six Locations

The ideal location of our six locations in Austria enables us to optimally represent you at any accident site in all Austrian winter sports regions.

Our German clients particularly appreciate that our law firm is also admitted in Germany. This facilitates communication with their German “in-house lawyer” and German legal expenses insurance. We are the ideal “translators” from German law to Austrian law.

Meeting via Video Conference

Cross-country skiing accidents often happen far from home. We also have a solution for this. Handling all meetings via video conference or telephone is a matter of course for us. This saves you many kilometers of travel.

Legal Expenses Insurance

We accept all legal expenses insurance policies.

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Claims after a Cross-Country Skiing Accident

In the event of a cross-country skiing accident in Austria, Austrian law is applicable in almost all cases. All claims of all involved parties must therefore be examined under Austrian law. The only exception is if the party causing the accident and the accident victim reside in the same foreign country.

In the event of a cross-country skiing accident, there may be claims for damages for

1. Pain
2. Property damage
3. Rescue costs
4. Medical costs
5. Frustrated expenses
6. Loss of earnings
7. Lump sum expenses

The liability for these claims lies with the person who caused the accident culpably and unlawfully. Anyone who wants to enforce these claims as an accident victim or defend against them as the person causing the accident must do everything right from the start.

In accidents involving bodily injuries, the police always investigate the course of the accident. Even small mistakes in the statement can lead to expensive consequences.

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Pain

The pain and suffering compensation is intended to cover both the pain and discomfort already incurred by the injured party due to the cross-country skiing accident, as well as all consequential and long-term damages that may arise in the future.

The amount of compensation for pain and suffering is calculated using daily rates, distinguishing between mild, moderate, and severe pain. These are awarded in different amounts in various court districts.

For example, the Regional Court of Salzburg would likely award compensation for pain and suffering of approximately EUR 5,520.00 for an injury involving 3 days of severe pain, 8 days of moderate pain, and 21 days of mild pain.

Property damage

The property damages include the costs for the replacement or repair of items that were destroyed or damaged due to the cross-country skiing accident. Property damages, such as cross-country skiing equipment damaged in the accident, must also be compensated.

The purpose of the claim for damages is to provide the injured party with compensation for the loss suffered. If used items, such as old cross-country skiing equipment, are damaged, the “new for old” problem arises. For heavily used items, this can mean that only the current market value of the damaged item is compensated.

Rescue costs

The rescue costs include the costs of recovery from the accident site. Therefore, if a rescue by helicopter is necessary due to a cross-country skiing accident, the injured party can also claim these costs from the party causing the accident.

ATTENTION: If the rescue costs were reimbursed by an insurance company, the related claims against the person causing the damage are transferred to the insurance company.

Medical costs

The medical costs include the costs for treatments, medications, medical aids and travel to treatments.

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

Frustrated expenses are all expenses that were not directly caused by the cross-country skiing accident but have become useless due to it. The accident victim is entitled to compensation for frustrated expenses.

The claim for compensation of frustrated expenses includes, among others, the costs of the no longer needed hotel room, travel costs of a vacation that can no longer be consumed as well as cancellation fees.

Loss of earnings

The loss of earnings includes all damages to the accident victim due to a reduction or loss of earning capacity.

If the accident victim suffers a loss of earnings due to the cross-country skiing accident, the party causing the accident must compensate for this loss of earnings.

The loss of earnings must be compensated by the person causing the accident even in case of slight negligence.

Lost Profit

Loss of profit always occurs when the injured party loses a future opportunity that was already largely certain to happen.

The failure to receive an already impending professional promotion, not yet finalized at the time of the cross-country skiing accident, constitutes a loss of profit if the accident victim is no longer able to perform the higher-paying job due to permanent injuries.

The loss of profit must be compensated by the accident perpetrator in case of gross negligence.

Lump Sum Expenses

The lump-sum expenses serve to compensate for all other expenses incurred by the injured party due to the cross-country skiing accident. This includes, in particular, the personal time spent dealing with the consequences. Examples include expenses for police questioning.

Under the title “Lump Sum Expenses“, up to €200.00 is typically awarded, unless higher costs are proven.

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Liability for Cross-Country Skiing Accidents

Liability for the consequences of a cross-country skiing accident requires unlawful and culpable conduct on the part of the party causing the accident.

We have summarized the most important examples for you:

Non-compliance with FIS Rules of Conduct

The FIS Rules for Cross-Country Skiers were adopted by the International Ski Federation FIS (Fédération Internationale des Ski).

The aim of the FIS Rules is to prevent cross-country skiing accidents. The supreme principle of the rules is “consideration”. In the event of a collision between cross-country skiers, non-compliance with the FIS Rules of Conduct generally establishes liability for the consequences of the accident.

Cross-Country Skiing under the Influence of Alcohol

Unlike road traffic, there is no legal blood alcohol limit (BAC limit) on the cross-country trail. Nevertheless, the risk of cross-country skiing under the influence of alcohol is high.

In the event of a cross-country skiing accident, alcohol influence has multiple effects: If the party causing the accident is intoxicated, this almost always constitutes gross negligence. The party causing the accident is then liable for the replacement value of the damaged items and also for any loss of earnings suffered by the accident victim. If, however, the accident victim is intoxicated, the court often rules that the victim is partially at fault. The accident victim’s claim for compensation is then reduced proportionally.

Intoxication therefore has a direct impact on the scope and amount of claims to be asserted.

Anyone impaired by alcohol while cross-country skiing also commits the criminal offense of endangerment of 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 gross negligence.

Cross-Country Skiing under the Influence of Drugs

The same applies to cross-country skiing under the influence of drugs as to cross-country skiing under the influence of alcohol. Cross-country skiing under the influence of drugs can lead to significant disadvantages for both the party causing the accident and the accident victim.

Defective Cross-Country Skiing Equipment

A defect in cross-country skiing equipment can lead to accidents and injuries. Several scenarios are conceivable:

1. Own errors
2. Error by a Cross-Country Ski Seller
3. Errors by a specialized workshop
4. Error by a Cross-Country Ski Rental Company
5. Error by the Cross-Country 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 cross-country skiing equipment themselves takes a great risk. For example, if the cross-country skiing equipment was maintained by the user, and a fall occurs during straight skiing 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

Cross-country ski sellers, cross-country ski workshops, cross-country ski rental companies, importers, and cross-country ski manufacturers are liable as specialized companies for defective equipment or incorrect settings.

The burden of proof that defective cross-country skiing equipment caused the accident lies with the plaintiff, and thus usually with the accident victim. In this context, the so-called “prima facie evidence” is sufficient. Prima facie evidence allows conclusions to be drawn from proven facts to facts that need to be proven, based on empirical principles. For example, in decision 3 Ob 38/97b, the Austrian Supreme Court (OGH) concluded from the proven fact that the binding released during a straight descent before the fall, to the fact that needed to be proven, namely that the setting must have been faulty. It is then up to the person who set the binding to prove that another event was at least equally causative of the fall.

Inadequate Safety Measures on Cross-Country Trails

In the case of paid use of the cross-country trail, a contract is concluded between the trail operator and the cross-country skier. The trail operator is then liable to the cross-country skier under the transport contract. This results in particularly favorable liability regulations for the cross-country skier.

The trail operator is responsible for the organized trails regarding marking, width, preparation, control, and protection against alpine hazards and avalanche danger. Organized trails are generally recognizable by their marking, safety measures against hazards (especially fall, collision, and avalanche danger), and the preparation of the trail.

The obligation to secure the cross-country trails arises from the trail usage contract, meaning that the trail operator is generally liable to the cross-country skier for the safe and hazard-free condition of the organized trails, regardless of fault, upon payment of a usage fee.

However, it must also be considered that complete traffic safety on cross-country trails is not achievable. Therefore, exaggerated demands should not be placed on the obligations of the trail operator.

The trail operator’s duty of care generally extends only to the edge of the trail, which is either determined by natural conditions or can be artificially marked by the trail operator with edge markings. According to general opinion, however, the duty of care also includes extraordinary sources of danger in the immediate vicinity of the trail (approx. 2 meters).

The specific scope of the duty of care always depends on the circumstances of the individual case. Specifically, it must be determined which measures are possible and reasonable for the trail operator to avoid a hazard.

For trail users who have not paid a fee, the trail operator is liable for the condition of the path according to § 1319a ABGB, whereby liability in this case is limited to intent and gross negligence.

For other areas, however, there are no duties of care for the trail operator; here, liability only applies within the framework of the ‘Ingerenz principle’ for created atypical dangers.

Faulty Cross-Country Skiing Course

A ski instructor contract is concluded between the guest and the ski school operator, whereby the ski school operator instructs the guest in the knowledge and skills of alpine skiing for a certain period in exchange for payment. A specific training outcome 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 ski instructor and guest.

The ski school operator 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 an auxiliary person of the ski school operator and is only liable to the guest under tort law.

A disclaimer of liability by the ski school for personal injuries such as bodily harm is not possible. For property damage, such as damaged ski suits, the ski school can exclude liability for slight negligence, provided this is contractually agreed upon, e.g., in the form of General Terms and Conditions.

Participants in cross-country skiing courses generally 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 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 secondary obligations, municipalities, in particular, are obliged to prevent avalanche hazards. The members of the avalanche commissions, however, generally provide purely voluntary advice and would therefore only be liable in cases of deliberate intent.

If an avalanche accident occurs on organized trails, the trail operator is liable in the event of culpable conduct. A prerequisite for this is that the danger was recognizable. However, the members of the avalanche commission are not liable.

Piste 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 piste grooming equipment more than is absolutely necessary to ensure proper slope maintenance. Warning posts must be set up at blind spots. This also applies to cross-country ski trails.

In addition, appropriate warning devices (flashing lights) must be installed on the piste grooming equipment itself. When driving in reverse or at blind spots, the operator of the piste grooming equipment 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.

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Proceedings after Cross-Country Skiing Accidents

Anyone involved in an accident should immediately secure legal assistance.

Civil Proceedings

The injured party must assert their private law claims before the civil courts.

If criminal proceedings are initiated against the party causing the accident, civil claims can also be asserted in the form of a private party claim in any criminal proceedings.

Criminal Proceedings

If the opposing party is injured or equipment is damaged in a cross-country skiing accident, this can have criminal consequences for the party causing the accident:

• Property damage
• Endangering physical safety
• Negligent bodily harm
• Negligent homicide

Uninvolved third parties can also be prosecuted in criminal law for failure to render assistance or for abandoning an injured person.

Administrative (Penal) Proceedings

Administrative law contains numerous statutes whose scope of application is also relevant in connection with winter sports activities. Specifically, “freeriding” or riding on “forest paths” can constitute an administrative offense.

Violation of administrative laws is in most cases associated with a fine imposed by the competent authorities.

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Conduct after a Cross-Country Skiing Accident

If you yourself were involved in a cross-country skiing accident or witnessed one, you must – unless you are the victim – provide assistance in any case. Failure to provide assistance is a criminal offense in the event of an injury.

1. Secure the accident site

First, secure the accident site. Place skis crossed in the snow in front of the accident site or wave a jacket to warn approaching cross-country skiers. Securing the site always has top priority, no matter how severe the injuries may be. It is pointless if accident helpers are injured by subsequent cross-country 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 can easily lead to life-threatening hypothermia in winter.

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 bodily 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 bodily injury is a criminal offense.

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Preservation of Evidence after a Cross-Country Skiing Accident

Secure all evidence. For this purpose, it is best to use your mobile phone camera to take photos and videos.

1. Record personal details

FIS Rule No. 10 states that every slope user, 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 the preservation of evidence in a cross-country skiing accident, documentation of the cross-country skiing accident is necessary:

1. Accident site
2. Parties involved
3. Course of the accident
4. Injuries
5. Property damage
6. Position of witnesses at the time of the accident
7. Witness statements
8. Description of a person who fled (e.g., party causing the accident)
9. Assistance provided
10. Further course of events

3. Contact a lawyer

In accidents involving personal injury, an investigation is also carried out by the police. Victims or perpetrators of a cross-country skiing accident should definitely contact our law firm before any police questioning.

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.

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