Drugs in Ski Accidents

A ski accident under the influence of drugs occurs when narcotics such as cannabis, cocaine, or other substances impair driving ability to such an extent that it leads to a fall or collision. In such cases, several areas of law come into play: from a civil law perspective, full or partial liability for damages may arise; under insurance law, benefits may be denied or reduced; and under criminal law, offenses such as negligent bodily harm or endangerment may be fulfilled. What is decisive is not the type of drug, but the specific impairment while driving.

Drugs as a Risk Factor in Ski Law

Ski accidents are among the most common occurrences on Austrian slopes. When drugs are involved, the legal situation becomes particularly delicate. Even small amounts of THC, cocaine, or synthetic drugs can significantly increase the risk of accidents, as coordination and reaction time are severely affected. For those affected, this means that claims for damages and insurance benefits can be limited or even entirely lost.

The legal situation is complex because various areas intertwine: In civil law, it concerns the question of liability and possible contributory negligence; in insurance law, the exclusion or reduction of benefits; and in criminal law, whether someone is prosecuted for negligent bodily harm, negligent homicide, or endangering physical safety.
Therefore, it is important for skiers, snowboarders, and their relatives: Drugs on the slopes almost always have adverse effects, be it financially, legally, or personally.

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Importance of Legal Foundations

A ski accident under the influence of drugs is not only judged by common sense but by clear legal norms. Three levels are decisive:

Criminal Law

This concerns whether the conduct also constitutes a criminal offense. Anyone who drives while intoxicated and thereby injures others may be held accountable for negligent bodily harm or even negligent homicide.

Civil Law

This regulates who must compensate for the damage incurred. Drug consumption is almost always considered gross negligence, which exacerbates the perpetrator’s obligation to pay damages. The injured party may also be attributed contributory negligence if they were under the influence of drugs themselves.

Insurance Law

Many insurance policies exclude damages caused by drug consumption. This can lead to both accident and liability insurance policies denying benefits.

In short: Anyone who skis under the influence of drugs exposes themselves to significant risks on several levels.

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Civil Liability in Drug-Related Accidents

In civil law, the central question is: Who compensates for the damage? This concerns medical costs, loss of earnings, pain and suffering, or damaged equipment.

Drugs as Gross Negligence

Anyone who skis after consuming drugs massively violates the required duty of care. Courts generally classify this as gross negligence. The perpetrator is therefore liable not only for the direct damage but also for consequential costs such as loss of income or care costs for the injured party.

Contributory Negligence of the Injured Party

Injured parties who have consumed drugs themselves must also expect deductions. According to § 1307 ABGB, anyone who puts themselves in a state of intoxication bears part of the responsibility for the consequences. This can mean that claims are reduced by one-third or even half.

When both Parties are under the Influence of Drugs

If both parties are intoxicated, courts often apportion the damages proportionally. Whoever was more impaired or predominantly caused the accident bears the larger share. In some cases, there is an equal division of damages.

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Criminal Law Aspects

Criminal proceedings following a ski accident under the influence of drugs should not be underestimated. Even consumption can be punishable under the Narcotics Act (SMG), and if an accident occurs, the consequences are significantly exacerbated. In addition to the SMG, several offenses from the Criminal Code (StGB) are also relevant.

Negligent Bodily Harm

Anyone who skis under the influence of drugs and thereby injures another person is regularly guilty of negligent bodily harm according to § 88 StGB. Depending on the severity of the injury, the range of penalties extends from fines to imprisonment.

Negligent Homicide

If a fatal accident occurs, charges of negligent homicide according to § 80 StGB are threatened. If the death was caused in a state of intoxication or by particularly gross misconduct, the penalty is significantly increased.

Endangering Physical Safety

Even without a specific injury, the offense of endangering physical safety according to § 89 StGB can be fulfilled if someone drives under the influence of drugs and thereby puts others in serious danger.

State of Intoxication

Criminal law does not differentiate between alcohol and other intoxicating substances. A ski accident under the influence of cocaine, cannabis, or amphetamines can therefore be classified as a state of intoxication according to § 81 StGB. Even a demonstrable impairment is sufficient to establish culpability.

Duty to Render Aid

Those involved in an accident and also witnesses are obliged to help injured persons. Failure to render aid is prosecuted under § 94 StGB Abandonment of an Injured Person or § 95 StGB Failure to Render Aid.

Relevance of the SMG

In addition to the offenses from the StGB, the provisions of the Narcotics Act (SMG) apply. Even the possession or acquisition of narcotics is punishable. Thus, anyone who consumes cannabis, for example, and then skis, risks not only a conviction for the accident but also proceedings under the SMG. In this context, the transfer to third parties, such as joint consumption with friends, can also have criminal implications.

Conduct towards the Police

We strongly advise not to make any statements on site, but to seek legal assistance early. Statements or confessions to the police can be interpreted massively to your disadvantage later in criminal proceedings. Especially in connection with the Narcotics Act (SMG), an ill-considered word is often enough to trigger separate proceedings. Specialized representation ensures that your rights are protected, exculpatory arguments are presented, and no unnecessary mistakes occur.

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Your Benefits with Legal Assistance

Ski accidents under the influence of drugs entail significant risks: from a civil law perspective, high claims for damages or the reduction of one’s own claims are threatened; under insurance law, companies often deny benefits as soon as drugs are involved; and under criminal law, investigative or court proceedings may follow, which are particularly burdensome for those affected. In addition, there are economic uncertainties due to possible loss of income, as well as personal burdens in the family and professional environment.

Legal assistance from a specialized law firm like ours provides security and clarity regarding your options for action. You benefit from experience, assertiveness, and professional representation in all relevant areas.

Our law firm

• examines whether the legal provisions regarding drugs in ski accidents are applicable in your case,
• accompanies you through the entire process – from initial consultation to judicial settlement,
• ensures legally sound structuring and implementation of all necessary steps,
• supports you in calculating, enforcing, or defending claims,
• consistently safeguards your rights and interests against insurance companies, injured parties, authorities, and law enforcement agencies.

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Frequently Asked Questions – FAQ

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