Lawyer for Sledding Accidents in Austria

Our lawyers are specialized in out-of-court and in-court legal representation in civil proceedings and in criminal proceedings due to sledding accidents in Austria.

Legal Consequences after Sledding Accidents

Six Locations

The ideal location of our six locations in Austria enables us to optimally represent you at every accident site on all Austrian toboggan runs.

Our German clients particularly appreciate that our law firm is also licensed in Germany. This facilitates communication with the German “family lawyer” and the German legal expenses insurance. We are the optimal “translators” from German law into Austrian law.

Consultation via Video Conference

Sledding accidents often happen far from home. We also have a solution for this. Handling all consultations 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 insurances.

Select Your Preferred Appointment Now:Free initial consultation

Claims after a Sledding Accident

In the event of a sledding accident in Austria, Austrian law is applicable in almost all cases. All claims of all persons involved must therefore be examined under Austrian law. Something else only applies if the causer of the accident and the accident victim have their residence in the same foreign country.

In the event of a sledding 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 unpleasant feelings already caused by the sledding accident and all consequential and late damages occurring 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 sledding accident. Property damage, such as sledding equipment damaged by the sledding 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. an old sled, 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 sledding accident, a recovery by helicopter is necessary, then the injured party can also claim 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 sledding accident itself, but have become useless due to the sledding 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 sledding 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 imminent, but not yet fixed, professional promotion at the time of the sledding 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 sledding accident. This includes in particular the own time spent processing 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 Sledding Accidents

A liability for the consequences of a sledding 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 Sledding Recommendations

The Austrian Sledding Association has published ten sledding recommendations.

The aim of the sledding recommendations is to avoid sledding accidents. The supreme principle of the rules is “consideration”. In the event of a collision of users of the toboggan run, non-compliance with the sledding recommendations generally establishes liability for the consequences of the accident.

Sledding under the Influence of Alcohol

Unlike in road traffic, there is no legal limit for alcohol in the blood (blood alcohol limit) on the toboggan run. Nevertheless, the risk of sledding under the influence of alcohol is high.

In the case of sledding, alcohol consumption has multiple effects: If the causer of the accident is intoxicated, this almost always causes gross negligence. The causer of the accident is then liable for the replacement value of the damaged items and also for a loss of earnings of the accident victim. If the accident victim is intoxicated, on the other hand, the court often pronounces contributory negligence on the part of the accident victim. The accident victim’s claim for damages is then reduced proportionally.

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

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

Sledding under the Influence of Drugs

The same applies to sledding under the influence of drugs as to sledding under the influence of alcohol. Sledding under the influence of drugs can bring massive disadvantages for both the causer of the accident and the accident victim.

Defective Sledding Equipment

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

1. Own errors
2. Fault of the sled seller
3. Errors by a specialized workshop
4. Fault of the sled rental company
5. Fault of the sled manufacturer

Own errors

In its decision 3 Ob 38/97b, the Supreme Court (OGH) derived from the duty of consideration 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 similarly to sleds.

Anyone who maintains the sledding equipment themselves takes a great risk. If the sled is technically not in order and this leads to a fall during straight travel, then the self-inflicted technical problem is considered the cause of the fall, unless the fallen person succeeds in proving another cause.

Third-party errors

Sled sellers, sled workshops, sled rental companies, importers and sled manufacturers are liable as specialist companies for defective equipment or incorrect settings.

The burden of proof that defective sledding 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 triggered 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.

Inadequate Securing of the Toboggan Run

By paying a fee, a contract is concluded between the operator and the user of the toboggan run. The operator is liable to the paying user from the contract. This means that particularly favorable liability regulations apply to the passenger.

The main obligation of the contract is the provision of the toboggan run. In addition, there is the contractual ancillary obligation not to impair the physical well-being of the passengers.

If the ascent to the toboggan run is carried out by lift, there is also a no-fault liability of the cable car operator due to the provisions of the Railway and Motor Vehicle Liability Act (EKHG), which is also advantageous for the user.

The cable car operator must then ensure that both the transport system itself and the entry and exit points are in a safe and hazard-free condition for the transport of passengers.

In addition, the cable car company is responsible for ensuring that the toboggan run is in a secured condition.

The cable car operator has to take over the responsibility for the relevant toboggan run regarding marking, width, preparation, control and protection against alpine dangers and avalanche danger. The toboggan run can usually be recognized by its marking, which must be carried out, as well as by the protection against dangers (in particular fall, collision and avalanche danger) and the preparation of the slope.

The obligation to secure the toboggan run arises from the contract, so that the toboggan run operator is generally liable to the users for the safe and hazard-free condition of the toboggan run in the event of any fault.

However, it must also be taken into account that complete traffic safety on toboggan runs is not achievable. Therefore, no excessive demands may be placed on the obligations incumbent on the cable car operator.

The operator’s traffic safety obligation basically only extends to the edge of the toboggan run, which is either determined by natural conditions or can also be made recognizable by the operator artificially through edge markings. According to general opinion, however, the obligation to secure toboggan runs 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.

Users of the route who do not have a valid ticket, the owner of a dedicated toboggan run is liable for the condition of the path according to § 1319a ABGB, whereby the liability is limited to intent and gross negligence.

For other areas away from the toboggan run, on the other hand, there are no traffic safety obligations of the operator; here, liability is only assumed within the framework of the Ingerenz principle for created atypical dangers.

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 the users of the toboggan run due to contractual ancillary obligations, the municipalities are particularly obliged to prevent avalanche danger. The members of the avalanche commissions, on the other hand, usually advise on a purely voluntary basis and would therefore only be liable in the event of knowledge.

If an avalanche accident occurs on organized toboggan runs, the cable car operator is liable in the event of culpable behavior. This requires that the danger was recognizable. The members of the avalanche commission, on the other hand, are not liable.

Piste Groomers, Snowmobiles

The use of snow groomers and snowmobiles is restricted to essential operational trips.

According to constant case law, toboggan users must not be hindered or endangered by the use of slope equipment more than is absolutely necessary to ensure proper slope maintenance. Warning posts must be set up at unclear points.

In addition, appropriate warning devices (flashing light) must be attached to the slope equipment itself. When driving backwards or at unclear points, the driver of the slope 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 Sledding Accidents

Anyone who has been involved in an accident should immediately ensure legal assistance.

Civil Proceedings

The injured party must assert his private law claims before the civil courts.

If criminal proceedings are initiated against the causer of 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 sledding 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

Even uninvolved third parties can be prosecuted in the event of failure to provide assistance or leaving an injured person behind.

Administrative (Penal) Proceedings

In administrative law, there are numerous laws whose scope of application is also relevant in connection with winter sports activities. Especially “freeriding” or driving on “forest paths” can constitute an administrative offense.

The violation of administrative laws is in most cases associated with a fine notice by the competent authorities.

Select Your Preferred Appointment Now:Free initial consultation

Behavior after a Sledding Accident

If you yourself have been involved in a sledding accident or have witnessed a sledding 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. Stick the sled upright in the snow above the accident site or wave a jacket to warn subsequent users of the toboggan run. Securing the site always has top priority, no matter how serious the injuries may be. It is useless if the accident helpers are injured by subsequent sledders due to a lack of securing.

2. Provide first aid

Be sure to 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 with personal injury, you are obliged to inform the police. The police should be informed as soon as there is even the slightest suspicion of a minor injury – even if the victim does not consider this necessary. Failure to inform the police by the causer of a personal injury is a criminal offense.

Select Your Preferred Appointment Now:Free initial consultation

Securing Evidence after a Sledding Accident

Secure all evidence. It is best to use the camera of your mobile phone to take photos and videos.

1. Record personal details

As a first step, document all persons, witnesses and also helpers involved in the accident who only joined later. Ideally, photograph the identity cards of the persons for documentation or create a video of each person, such as the person announcing their name, address, telephone and e-mail.

2. Create an accident report

To secure evidence in the event of a sledding accident, documentation of the sledding 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 fleeing person (e.g. causer of the accident)
9. Assistance provided
10. Further course of events

3. Inform lawyer

In the event of accidents with personal injuries, an investigation is also carried out by the police. Victims or causers of a sledding accident should contact our law firm before any hearing 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