Damages

Compensation for skiing accidents refers to all claims that an injured party may be entitled to under Austrian law due to an accident in an organized ski area or in open terrain. The basis for this is primarily the ABGB, the EKHG, the PHG, and the jurisprudence of the Supreme Court. Not only direct personal injuries are compensable, but also indirect financial disadvantages, property damage, non-material damage, and consequential costs.

Decisive factors are causality, illegality, and fault, whereby a no-fault liability also occurs within the scope of special strict liability.

Liability and Legal Principles

Various legal principles apply to compensation following a skiing accident. The General Civil Code (ABGB) is particularly relevant, with its rules on fault, illegality, and causality. Anyone who injures another through culpable conduct is liable for the resulting damage.

In contractual relationships, such as when booking a ski course or renting equipment, a reversal of the burden of proof applies: the contractual partner must prove that they are not at fault.

In addition, there are no-fault liabilities:

• The Railway and Motor Vehicle Liability Act (EKHG) covers accidents involving cable cars or slope grooming equipment.
• The Product Liability Act (PHG) protects against faulty equipment, such as defective ski bindings or helmets.

§ 1319a ABGB, which regulates the liability of the slope operator, is also of particular importance. Here, there is an obligation to pay compensation only in the event of gross negligence or intent.

In addition, special provisions under state law apply (e.g. helmet requirement for children, freedom of access in the forest).

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Typical Case Scenarios in Ski Law

Ski accidents can have many causes. The case law distinguishes between typical constellations:

• Collisions between skiers or snowboarders: Anyone who violates the FIS rules of conduct, for example by speeding or failing to show consideration, is regularly liable for the damage.
• Inadequate slope marking or safety measures: Operators must secure atypical danger points. If nets or warning signs are missing, liability may arise.
• Defective or inadequate rental equipment: Landlords are obliged to provide safe equipment. Manufacturers are also liable under the PHG for product defects.
• Liability of ski instructors and ski schools: Incorrect assessment of skills or risky leadership of the group justify claims against the ski school.
• Responsibility of slope and lift operators: Operators have comprehensive traffic safety obligations that go beyond mere transportation.
• Personal responsibility and contributory negligence: Every skier must pay attention to their skiing behavior. Own misconduct reduces the claim for damages.

Compensable Damage Positions

A skiing accident can have numerous financial and personal consequences. Under Austrian law, both material and immaterial damages are compensable. The most important ones are summarized here:

Medical costs

Healing costs include hospital and doctor’s fees, medication, therapies, and rehabilitation measures. Travel expenses for treatments can also be reimbursed.

Care and Support Costs

After a skiing accident, it may be necessary for injured people to need support in everyday life for a short or longer period of time. This includes professional care services, household help or caregivers who help with everyday tasks. Even if the care is provided by family members, the objective value of this service is taken into account. The amount of the claim depends on the scope and duration of the required assistance.

Medical Aids and Prostheses

More serious injuries often require the use of medical aids such as crutches, wheelchairs or special orthoses. Artificial joints or modern prostheses may also be necessary to restore quality of life. The costs for this are just as reimbursable as those for ongoing adjustments, maintenance or a necessary replacement. Especially with high-quality medical devices, considerable sums can be incurred, which must be fully reimbursed.

Household Management Damage

If an injured person can no longer manage their own household independently, an independent claim for damages arises. This is based on the value of the lost work performance and takes into account how much time would have to be spent on cleaning, cooking or childcare. It is not decisive whether a replacement force is actually hired, but that the ability to manage the household is objectively restricted. Especially in the case of longer periods of incapacity for work or permanent restrictions, the household management damage can reach high amounts.

Disfigurement Compensation

If visible scars or other permanent changes remain after a skiing accident, there is a claim for disfigurement compensation. It is intended to compensate for the psychological and social burden caused by the conspicuous change in external appearance. The decisive factor here is not only the medical impairment, but also the impact in everyday life and in the personal environment. Young people or people with a public profile in particular can be significantly affected by disfigurement.

Pain and Suffering Compensation

This covers physical and mental suffering that was directly caused by the accident. The amount is based on the duration and intensity of the pain as well as on the case law.

Long-term Consequences and Disability

Claims are particularly serious if an accident causes permanent health restrictions. These include chronic pain, permanent movement restrictions or complete inability to work. The compensation includes not only medical measures, but also adjustments to the living space, aids or retraining. In addition, an ongoing pension or a one-off severance payment can be awarded to permanently compensate for the financial disadvantages.

Loss of earnings

Anyone who is unable to work due to an accident is entitled to compensation for loss of earnings. This also includes special payments, career losses or pension gaps.

Lost Profit

Particularly relevant for the self-employed: If business, orders or appearances are canceled due to the accident, the lost profit can be replaced. Proof is usually provided via business management documents.

Frustrated expenses

Frustrated expenses include costs for lift tickets, accommodation or booked ski courses that could not be used due to the accident. Travel and course fees that have already been incurred can also be claimed.

Property damage

A skiing accident often leads to considerable property damage. Skis, snowboards, helmets, protective clothing or other personal items may be affected. Either the repair costs are reimbursed or, if a repair is not possible or not economical, the replacement value. In order for the claim to be enforced, careful documentation with photos and invoices is particularly important.

Recovery and Rescue Costs

The costs for slope services, emergency doctors or helicopter transport can be considerable. According to case law, these expenses are also part of the compensable damage.

Claims of Surviving Dependents

If death results from a skiing accident, relatives can assert their own claims. These include the funeral costs, which must be reimbursed in full. Likewise, people who were dependent on the financial support of the deceased can demand compensation for the lost maintenance. In addition, the case law also recognizes immaterial damage if the loss of a close relative is particularly serious. This position is particularly important in Austria in case law and is increasingly being recognized.

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Burden of Proof and Procedural Aspects

Basic Rule of the Burden of Proof

In tort law, the basic principle is that the injured party must prove all the prerequisites for their claim. These include the existence of damage, the illegality of the behavior, the causal connection between behavior and damage, and the fault of the opposing party. This proof is often difficult, especially in the case of skiing accidents, as the course of the accident is dynamic and depends on many factors.

Contractual Liability and Reversal of the Burden of Proof

A special feature exists in the case of contractual claims. In such cases, the fault of the contractual partner is presumed. This means that, for example, a ski school or a rental company must demonstrate and prove that it is not at fault if damage occurs during the contractual relationship. This is a considerable relief for the injured person.

Strict Liability under EKHG

In the area of strict liability, in particular under the EKHG, the proof of fault is completely eliminated. The owner of a cable car or a slope grooming machine is liable simply because of the operation, unless he can prove an unavoidable event. In practice, however, this possibility of exculpation is only successful in rare cases.

Importance of Securing Evidence

For the enforcement of claims, careful securing of evidence immediately after the accident is crucial. Photos of the accident site, witness statements, medical findings and the securing of equipment play a major role. The protocols of the slope rescue or the police can also be decisive in court later. Anyone who seeks legal support at an early stage increases their chances of securing all evidence in a timely and complete manner.

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Insurance Law Aspects

Private Accident Insurance

Private accident insurance covers costs that go beyond the benefits of statutory health insurance. These include, among other things, recovery and rescue costs, rehabilitation measures or payments in the event of permanent disability. It is therefore an important financial protection for skiers.

Liability Insurance of the Injuring Party

If a person causes a skiing accident, their private liability insurance will step in. It replaces the claims of the injured person, such as medical expenses, pain and suffering or loss of earnings. In Austria, liability insurance is usually included in household insurance and prevents the injuring party from having to bear the costs personally.

Legal Expenses Insurance

Legal expenses insurance covers the costs of proceedings if claims have to be asserted or defended. It covers lawyer’s fees, court fees and expert fees. Many contracts also include a default insurance, which steps in if the opposing party is unable to pay.

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Practical Advice for those Affected

Early Legal Support

After a skiing accident, it is particularly important to involve a law firm. Lawyers examine possible claims, take over communication with insurance companies and help to defend against unjustified claims. In many cases, criminal investigations are also carried out in parallel, for example for negligent bodily harm. Here, too, legal representation is an advantage in order to ensure a uniform strategy for civil and criminal proceedings.

Immediate Measures at the Scene of the Accident

Immediately after the accident, safety comes first. The accident site should be secured, first aid provided and the slope rescue or the emergency doctor notified. Even if injuries initially appear harmless, a medical examination is strongly recommended.

Documentation of the Accident

Comprehensive documentation is required for later evidence. This includes photos of the accident site, the condition of the slope and the equipment. The contact details of witnesses should also be secured and existing protocols of the slope rescue or the police should be kept.

Medical Care and Collection of Findings

Medical documents are not only important for healing, but also a crucial piece of evidence. Medical findings, X-rays and therapy reports should therefore be collected in full. Even minor complaints can later prove to be important and should be documented.

Your Benefits with Legal Assistance

A skiing accident not only brings health consequences, but also complex legal and economic questions. Injured parties are often faced with the challenge of correctly enforcing claims for damages against opposing parties, slope operators or insurance companies. At the same time, there is a threat of financial disadvantages if individual claims for damages are overlooked or deadlines are missed. A parallel criminal trial can also create additional pressure.

A specialized law firm provides security and ensures that your claims for damages are fully protected.

Our law firm

• checks whether claims for damages are applicable in your case
• accompanies you through the entire process and handling
• ensures legally compliant design and implementation of all necessary steps
• supports in the calculation, enforcement or defense of claims for damages
• protects your rights and interests against all parties involved

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Frequently Asked Questions – FAQ

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