Helmet law for skiing in Austria
All Rules Regarding the Helmet Law for Skiing in Austria
The helmet law for skiing is not uniformly regulated throughout Austria.
Although there is a voluntary agreement pursuant to Art. 15a B-VG between the federal government and numerous federal states to coordinate and standardize legislation in the federal states, this agreement has not been signed by Tyrol and Vorarlberg to date.
The Art. 15a agreement stipulates that minors up to the age of 15 must wear a commercially available winter sports helmet when using ski slopes as part of winter sports activities, at least when alpine skiing and snowboarding. In addition, parents and guardians must ensure that this obligation is observed within the scope of their possibilities and what is reasonable for them.
With the exception of Tyrol and Vorarlberg, all federal states have included a mostly verbatim regulation in their state sports laws in accordance with the agreement.
A ski helmet can save lives in the event of a ski accident and snowboard accident and protect against legal consequences.
Helmet Law for Minors in Skiing
In Austria, there is therefore a helmet law for minors up to the age of 15 when practicing winter sports. This helmet law only applies in these federal states:
- Salzburg
- Upper Austria
- Lower Austria
- Styria
- Carinthia
- Burgenland
- Vienna
In the federal states of Tyrol and Vorarlberg, only a public recommendation for wearing a ski helmet has been issued. Therefore, there is no obligation to wear a ski helmet there.
Select Your Preferred Appointment Now:Free initial consultationNo Helmet Law for Adults
Adults are exempt from the obligation to wear a ski helmet throughout Austria.
Select Your Preferred Appointment Now:Free initial consultationPenalties for Disregarding the Helmet Law in Skiing
The legal provisions do not provide for penalties for disregarding the helmet law. In addition, no checks are carried out as a matter of principle. However, it is possible that the police or the slope personnel will point out the obligation to wear a ski helmet.
Select Your Preferred Appointment Now:Free initial consultationContributory Negligence in the Event of Head Injuries while Skiing
If a head injury occurs as a result of a collision with another skier, not wearing a ski helmet can have a claim-reducing effect.
If a ski helmet is not worn, the opposing insurance company or the court may conclude that the injured party did not protect themselves sufficiently and thereby unnecessarily endangered themselves. In this case, there is contributory negligence on the part of the injured party. The contributory negligence of the injured party has the consequence that the liability for damages of the person who caused the accident is reduced.
Sebastian RiedlmairHarlander & Partner Attorneys „Wenn Sie oder Ihr Unfallgegner bei einem Skiunfall keinen Helm getragen hat, kann dies bei Kopfverletzungen ein Mitverschulden auslösen.“
Top 9 Questions about the Helmet Law for Skiing
Is it mandatory to wear a ski helmet when skiing in Austria?
The ski helmet law applies in the federal states of Salzburg, Upper Austria, Styria, Lower Austria, Carinthia, Burgenland, and Vienna. Minors up to the age of 15 are affected. In Tyrol and Vorarlberg, there is only a recommendation to wear a helmet.
In which ski areas in Austria is there a helmet law?
A partial helmet law exists in the Austrian ski areas in the federal states of Salzburg, Upper Austria, Lower Austria, Styria, Carinthia, Burgenland, and Vienna.
Up to what age is there a helmet law for skiing in Austria?
In numerous Austrian federal states, there is a helmet law for minors up to the age of 15 when using ski slopes.
Do adults in Austria have to wear a helmet when skiing?
No. There is no helmet law for adults in Austria when practicing winter sports.
Do children in Austria have to wear a ski helmet when skiing?
Until the age of 15, there is a general helmet law in Austria in all federal states except Tyrol and Vorarlberg on all ski slopes and on terrain similar to slopes.
Who controls the helmet law for skiing in Austria?
Wearing a helmet is not checked. At most, the police or the slope personnel can point out the obligation to wear one.
How high is the penalty in Austria for disregarding the helmet law when skiing?
There are no legal penalties in Austria for disregarding the helmet law when skiing.
Is there a risk of losing your ski pass if you ski without a ski helmet?
No. The withdrawal of the ski pass is not common. However, the slope personnel can insist on the use of a helmet and point out the helmet law when entering the slope. However, penalties for violations are not provided for.
Is skiing without a helmet considered contributory negligence in the event of an accident?
Yes. If injuries (especially to the head) have occurred as a result of not wearing a helmet, this can have a negative impact on the amount of your own claims.
