Lawyer for Ski Accidents in Austria

Our lawyers specialize in out-of-court and judicial legal representation in civil proceedings and criminal proceedings arising from ski accidents in Austria.

Legal Consequences after Ski Accidents

Six Locations

The ideal location of our six offices in Austria enables us to optimally represent you at any accident site in all Austrian ski resorts.

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

Ski accidents often occur 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 Ski Accident

In the event of a ski 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 case of a ski accident, compensation claims may exist 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 and Suffering

The compensation for pain and suffering is intended to compensate the injured person for both the pain and discomfort already caused by the ski accident and all consequential and late damages that will only occur 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

Property damage includes the costs for replacement or repair of items that were destroyed or damaged in the ski accident. Property damage, such as ski equipment damaged in the ski accident, must also be compensated.

The purpose of a claim for damages is to provide the injured party with compensation for the loss suffered. If used items, e.g., old ski equipment, are damaged, the “new for old” problem arises. For heavily used items, this can result in only the current market value of the damaged item being reimbursed.

Rescue costs

The rescue costs include the costs of rescue from the accident site. If a helicopter rescue is necessary due to a ski accident, the injured person can also claim these costs from the person who caused 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 caused by the ski accident itself, but have become useless due to the ski accident. 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 ski accident, the person causing the accident must compensate for the 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 a professional promotion that was already imminent but not yet finalized at the time of the ski 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 expenditures incurred by the injured party due to the ski accident. This particularly includes the time spent dealing with the consequences. Examples include expenses for police interrogation.

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

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Liability for Ski Accidents

Liability for the consequences of a ski 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 Skiers and Snowboarders were adopted by the International Ski Federation FIS (Fédération Internationale des Ski). The FIS Rules date back to 1967 and have since been updated twice, most recently in 2002.

The aim of the FIS Rules is to prevent ski and snowboard accidents. The supreme principle of the rules is “consideration”. In the event of a collision between users of the ski slope, 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 maximum limit for blood alcohol content (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 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 in the case of property damage, and also for any loss of earnings by the accident victim. If, however, the accident victim is intoxicated, the court often determines contributory negligence on the part of the accident victim. 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 skiing also 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 gross negligence.

Skiing under the Influence of Drugs

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

Faulty Ski Equipment

A defect in ski equipment can lead to accidents and injuries. Several scenarios are conceivable:

1. Own errors
2. Errors by a ski seller
3. Errors by a specialized workshop
4. Errors by a ski rental company
5. 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 burden of proof that faulty ski 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 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 to be proven 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 holding a valid ticket under the contract of carriage. This results in particularly favorable liability regulations for the passenger.

The main obligation of the contract of carriage is the transportation of the passenger by cable car. Additionally, there is a contractual secondary obligation not to impair the physical well-being of the passengers.

Additionally, no-fault liability of the cable car operator is possible based on the provisions of the Railway and Motor Vehicle Liability Act (EKHG), 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.

If the cable car operator violates these obligations and the passenger is thereby harmed, then the cable car operator is liable.

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 dangers and avalanche risk. The organized ski area is generally recognizable by its mandatory marking, as well as by its protection against dangers (especially fall, collision, and avalanche risk) and the preparation of the slope.

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 of care generally extends only to the edge of the slope, which is either determined by natural conditions or can be artificially marked by the cable car operator with boundary markers. However, according to general opinion, the slope safety obligation also includes extraordinary sources of danger in the immediate vicinity of the slope (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 slope users who do not have a valid lift ticket (e.g., ski tourers), the operator of a designated slope is liable for the condition of the path according to § 1319a ABGB, where liability 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 considered 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 resulting in 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 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.

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 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 in an organized ski area, the cable car operator is liable for culpable conduct. A prerequisite for this is that the danger was foreseeable. The members of the avalanche commission, however, bear no liability.

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.

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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Procedures after Ski 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 law claims can also be asserted in the form of a private party claim in any criminal proceedings.

Criminal Proceedings

If the opposing party in a ski accident is injured or equipment is damaged, 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 Ski Accident

If you yourself were involved in a ski accident or witnessed one, you must – unless you are the victim – always render assistance. Failure to render 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 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 of no use 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 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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Securing Evidence after a Ski 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 securing evidence in a ski accident, documentation of the ski 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 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.

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