Lawyer for Ski Touring 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 of Ski Touring 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 areas.

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.

Select Your Preferred Appointment Now:Free initial consultation

Claims after a Ski Touring Accident

In the event of a ski touring accident in Austria, Austrian law is applicable in almost all cases. All claims of all persons involved must therefore be examined under Austrian law. The only exception is if the causer of the accident and the accident victim are domiciled in the same foreign country.

In the event of a ski touring accident, claims for damages 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.

Select Your Preferred Appointment Now:Free initial consultation

Pain

The pain and suffering compensation is intended to compensate the injured party for both the pain and feelings of discomfort already caused by the ski touring accident and all consequential and late damages occurring only 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 damage includes the costs for the replacement or repair of items that were destroyed or damaged by the ski touring accident. Property damage, such as ski touring equipment damaged by the ski touring 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 already used items, e.g. old ski touring equipment, are damaged, the “new for old” problem arises. In the case of heavily used items, this can lead to only the current value of the damaged item being replaced.

Rescue costs

The recovery costs include the costs of recovery from the accident site. If, due to a ski touring accident, a recovery by helicopter is necessary, then the injured party can also demand these costs from the causer of 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 touring accident itself, but have become useless due to the ski touring 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 as a result of the ski touring accident, the causer of 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 non-receipt of an already imminent, but not yet fixed, professional promotion at the time of the ski touring accident constitutes a loss of profit if the accident victim is no longer able to perform the higher-paid job due to permanent damage.

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 as a result of the ski touring accident. This includes in particular the own time spent to handle the consequences. Examples of this are expenses for the hearing by the police.

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

Select Your Preferred Appointment Now:Free initial consultation

Liability for Ski Touring Accidents

A liability for the consequences of a ski touring accident requires an illegal and culpable behavior of the causer of 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.

Ski Tours under the Influence of Alcohol

Unlike in road traffic, there is no legal maximum limit for alcohol in the blood (blood alcohol limit) on the slopes. The risk of ski tours under the influence of alcohol is nevertheless high.

In the event of a ski touring accident, alcohol consumption has several effects: If the causer of the accident is intoxicated, this almost always results in gross negligence. In the event of property damage, the causer of the accident is then liable for the replacement value of the damaged items and also for any loss of earnings of the accident victim. If, on the other hand, the accident victim is intoxicated, the court often pronounces contributory negligence on the part of the accident victim. The accident victim’s claim for damages is then reduced proportionally.

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

Anyone who is impaired due to alcohol consumption during the ski tour also commits the criminal offense of endangering physical safety – even if no one was injured. Anyone who injures others due to alcohol consumption commits negligent bodily harm, which is punished more severely due to the grossly negligent causation.

Ski Tours under the Influence of Drugs

The same applies to skiing under the influence of drugs as to ski tours under the influence of alcohol. Ski tours under the influence of drugs can bring massive disadvantages for both the causer of the accident and the accident victim.

Faulty Ski Touring Equipment

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

1. Own errors
2. Error of a touring ski seller
3. Errors by a specialized workshop
4. Error of a touring ski rental company
5. Error of the touring ski manufacturer

Own errors

In its decision 3 Ob 38/97b, the Supreme Court (OGH) derived from the duty of care of FIS rule No. 1 that it is one of the duties of conduct of an alpine skier to have the binding setting carried out by a specialist. This also applies to ski touring accidents.

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

Touring ski sellers, touring ski workshops, touring ski rental companies, importers and touring ski manufacturers are liable as specialist companies for faulty equipment or faulty settings.

The burden of proof that faulty ski touring equipment caused the accident lies with the plaintiff and thus usually the accident victim. The so-called “prima facie evidence” is sufficient. The prima facie evidence allows conclusions to be drawn from proven facts to facts to be proven based on experience. For example, in decision 3 Ob 38/97b, the OGH concluded from the proven fact of the binding being released during a straight descent before the fall to the fact to be proven 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 as causal for the fall.

Defective Lift Facilities

By purchasing a lift ticket or paying a fee for the use of the slope as part of a ski tour, a contract is concluded between the cable car operator and the passenger. The cable car operator is liable to the paying ski tourer on the basis of the concluded contract. This means that particularly favorable liability regulations apply to the ski tourer.

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.

Piste users who do not have a valid lift ticket (as is often the case with ski tourers) are liable to the holder of a dedicated piste for the condition of the path in accordance with § 1319a ABGB, whereby 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.

Faulty Guided Ski Tours

A contract is also concluded between the ski tourer and the ski touring guide, whereby the ski touring guide instructs the ski tourer for a certain period of time in the knowledge and skills of alpine ski tours or leads them to the mountain for a fee. A certain training success is usually not owed here.

As a secondary obligation arising from the contractual relationship, there is the obligation to protect the physical safety of the guest. A special feature of the contractual relationship is the relationship of superiority and subordination between the ski touring guide and the ski tourer.

The ski touring guide is liable to the ski tourer for damages from accidents during the guided ski tour. If the ski touring guide was booked through a ski school, then the ski school is liable under contract for its own fault or for the fault of its tour guides. The ski touring guide himself is then an auxiliary person of the ski school owner and is only liable to the ski tourer in tort.

An exclusion of liability by the ski touring guide or the ski school for personal injury, such as physical injuries, is not possible. For property damage such as battered ski suits, the ski school and the ski touring guide can exclude liability for slight negligence, provided that this is contractually agreed, e.g. in the form of general terms and conditions.

Participants in guided ski tours have the same rights and obligations on the slopes as other slope users. In particular, they must also comply with the general rules of conduct, especially the FIS rules. If the ski tourer himself is at fault in an accident, a division of liability is usually to be made.

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.

In open terrain, the ski touring guide is liable on a guided ski tour. Ski tourers who are traveling on their own are responsible for their own well-being.

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.

Select Your Preferred Appointment Now:Free initial consultation

Procedures after Ski Touring 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 is injured in the ski touring accident or the equipment is damaged, this can have criminal consequences for the causer of 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.

Select Your Preferred Appointment Now:Free initial consultation

Behavior after a Ski Touring Accident

If you yourself have been involved in a ski touring accident or have witnessed a ski touring accident, you must – unless you are the victim – provide assistance in any case. Failure to provide assistance is a criminal offense in the event of 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.

Select Your Preferred Appointment Now:Free initial consultation

Securing Evidence after a Ski Touring 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

To secure evidence in the event of a ski touring accident, documentation of the ski touring 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 the event of accidents with personal injuries, an investigation is also carried out by the police. Victims or causers of a ski touring accident should contact our law firm before any interrogation 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.

Select Your Preferred Appointment Now:Free initial consultation