Lawyer for Snowboard Accidents in Austria

Our lawyers are specialized in the extrajudicial and judicial legal representation in civil proceedings and in criminal proceedings due to snowboard accidents in Austria.

Legal Consequences after Snowboard 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 regions.

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

Snowboard accidents often happen 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.

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Claims after a Snowboard Accident

In the event of a snowboard 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 snowboard 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.

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Pain

The pain and suffering compensation is intended to compensate the injured party for both the pain and unpleasant feelings already caused by the snowboard 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 snowboard accident. Property damage, such as snowboard equipment damaged by the snowboard 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 snowboard 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 rescue costs include the costs of rescue from the scene of the accident. If, for example, a rescue by helicopter is necessary due to a snowboard accident, 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 snowboard accident itself, but have become useless due to the snowboard 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 snowboard 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 snowboard 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 snowboard 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.

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Liability for Snowboard Accidents

A liability for the consequences of a snowboard accident requires an illegal and culpable conduct 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.

Snowboarding 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. Nevertheless, the risk of snowboarding under the influence of alcohol is high.

In the event of a snowboard 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 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 while snowboarding 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.

Snowboarding under the Influence of Drugs

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

Faulty Snowboard Equipment

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

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

Own errors

In its decision 3 Ob 38/97b, the Supreme Court (OGH) derived from the consideration requirement of FIS rule No. 1 that it is one of the behavioral obligations of an alpine snowboarder to have the binding setting carried out by a specialist.

Anyone who maintains the snowboard equipment themselves takes a great risk. If, for example, the snowboard binding was maintained by oneself, then a self-inflicted incorrect setting is considered the cause of the fall, unless the person who fell succeeds in proving another cause.

Third-party errors

Snowboard sellers, snowboard workshops, snowboard rental companies, importers and snowboard manufacturers are liable as specialist companies for faulty equipment or faulty settings.

The burden of proof that faulty snowboard equipment caused the accident lies with the plaintiff and thus usually with the accident victim. The so-called “prima facie evidence” is sufficient. The prima facie evidence allows conclusions from proven facts to facts to be proven based on empirical values. For example, in its decision 3 Ob 38/97b, the OGH concluded from the proven fact of the release of the binding 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, a contract is concluded between the cable car operator and the passenger. The cable car operator is liable to the passenger holding a valid ticket under the contract of carriage. This results in particularly favorable liability regulations for the passenger.

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.

In addition, the cable car company has the responsibility to ensure that the dedicated snowboard slopes and snowboard routes are in a secured condition and that an orderly rescue service is set up.

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 Slopes

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.

For slope users who do not have a valid lift ticket (e.g., ski tourers), the operator of a designated slope is liable for the condition of the path according to § 1319a ABGB, where 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.

Inadequate Special Areas

Special areas include, in particular, fun parks and similar facilities, as well as training and race tracks. Insofar as these special areas are operated by the cable car company, they are considered part of the organized ski area.

Within the framework of traffic safety obligations, the facility operator must in any case maintain a safe and hazard-free condition of the facility and protect users from recognizable dangers. Furthermore, a spatial separation of the fun park from the general piste is required.

Due to the increasing number of accidents in fun parks, some resulting in serious injuries, the FIS has issued a “Code of Conduct for Snow Parks”, which is intended as a supplement to the well-known FIS Rules for skiing.

Defective Snowboard Course

A snowboard instructor contract is concluded between the guest and the snowboard school owner, whereby the snowboard school owner instructs the guest for a certain period of time in the knowledge and skills of alpine skiing for a fee. A certain training success is usually not owed.

As a secondary obligation 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 super- and subordination between snowboard instructor and guest.

The snowboard school owner is liable to the guest for damages from accidents during the course in the event of his own fault or the fault of his snowboard instructors from the contract. The snowboard instructor himself is an auxiliary person of the snowboard school owner and is only liable to the guest in tort.

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

Participants in snowboard courses also have the same rights and obligations as other slope users. In particular, they must also comply with the general rules of conduct, especially the FIS rules. If the guest 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.

Piste Groomers, Snowmobiles

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

According to constant case law, snowboarders 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 places.

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.

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Procedures after Snowboard 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 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 or the equipment is damaged in the course of the snowboard accident, 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.

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Behavior after a Snowboard Accident

If you yourself have been involved in a snowboard accident or have witnessed a snowboard 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 scene of the accident. Stick the snowboard crossed in the snow above the scene of the accident or wave a jacket to warn subsequent skiers. Securing the area always has top priority, no matter how serious the injuries may be. It is useless if the accident helpers are injured by subsequent skiers due to a lack of security.

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.

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Securing Evidence after a Snowboard 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 joined later. Ideally, take photos of the identity cards or personalized lift tickets of the persons for documentation or create a video of each person, how the person announces name, address, telephone and e-mail.

2. Create an accident report

To secure evidence in the event of a snowboard accident, a documentation of the snowboard 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 bodily injury, an investigation is also carried out by the police. Victims or causers of a snowboard 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.

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