Articles & analysis.
Topics from ski and mountain sports law, set out clearly for clients.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for ski and alpine accidents
Ski and alpine accidents are complex and emotional. One lawyer you know, from the first question to the courtroom. Strong practical background (former ski instructor, mountain rescuer and dog handler).
In larger cases, the work is handled as a team (lawyer, trainee lawyer, legal assistant). Court hearings and negotiations always remain a matter for the lead lawyer.
Mountain cart and downhill scooter in an Austrian ski area: brakes, instruction and liability
Accident with mountain cart or downhill scooter in an Austrian ski area: brakes, instruction, track layout, collision and evidence.
Cow and cattle on alpine trails: keeper liability, warnings and personal responsibility
Cow and grazing cattle on alpine trails near a mountain lift: animal keeper liability, warning signs and personal responsibility: Austrian-law overview of operator duties, per
Flying fox and high ropes course near a mountain lift: safety, instruction and operator liability
Flying fox and high ropes course near a mountain lift: safety, instruction and operator liability: Austrian-law overview of operator duties, personal responsibility, evidence
Viewing platform, skywalk and mountain station: railing, glass floor, slip risk and liability
Viewing platform, skywalk and mountain station: railing, glass floor, slip risk and liability: Austrian-law overview of operator duties, personal responsibility, evidence and
Summer toboggan run and alpine coaster: liability for collisions, braking issues and closures
Accident on a summer toboggan run or alpine coaster: liability for rear-end collisions, braking issues, instruction and closure.
Mountain bike transport by cable car: liability for damaged bikes and entry falls
Mountain bike transport by gondola or chairlift: liability for bike damage, entry falls, incorrect securing and property damage.
Via ferrata near a mountain lift: liability for defective cable and missing closure
Via ferrata near mountain lift or tourism operator: liability for defective cable, wrong difficulty rating and missing closure.
E-bike rental in an Austrian ski area: liability for brake failure, battery problems and missing instructions
Accident with a rented e-bike in a ski area: liability of rental shop, operator or manufacturer for brake failure, battery issue and missing instruction.
Bike park accident in an Austrian ski area: liability for downhill trails and closures
Fall in a ski area bike park: when trail operators, lift operators or organisers may be liable for jumps, closures and warnings.
Private expert report after a ski accident: evidence value, costs and experts
Private expert report after a ski accident: when technical or medical assessment helps and where court experts remain decisive.
School ski week: liability of school, teacher and organiser after a ski accident
Ski accident during a school ski week: supervision, grouping, teacher duties, organiser role and evidence for parents.
Wrong slope classification: colour, warning sign and actual risk
When slope colour, warning sign and actual difficulty do not match: liability, personal responsibility and evidence in ski areas.
Fall on a T bar or platter lift: track, hanger, exit and emergency stop
T bar, platter lift and surface lift: when the track, hanger handover, exit or emergency stop may trigger liability.
Treatment costs, physiotherapy and care after a ski accident: claiming compensation
After a ski accident, treatment costs, physiotherapy, rehabilitation, aids and care can be legally relevant. Documents and causation are decisive.
Season pass withdrawn: ski pass block after rule breach
Ski pass withdrawn or season pass blocked: which contract rules matter, when operator rights apply and what affected visitors should secure.
Ski area car park: liability after ice falls
Fall on an icy ski area car park: when operators, hotels or municipalities may be liable and which evidence matters.
Ski depot at the lift station: liability for damage and mix-up
Ski depot, rack or attended storage at the lift station: when custody, mix-up or damage become legally relevant.
Ski pass refund after lift standstill, storm and closure
Lift standstill, storm or piste closure: when refund, voucher or damages may be realistic and which documents matter.
Ski patrol too late: liability after delayed rescue
Delayed ski patrol response after a ski accident: when organisation, alerting and documentation should be reviewed legally.
Company ski trip: work accident, liability and insurance
Ski accident on a company trip: when a work accident may exist, which insurance applies and when private responsibility prevails.
Collision in the lift queue: liability in the waiting area
Crowding, pushing sideways and falls in the lift queue: who is liable, when the operator must organise, and which evidence matters.
Pedestrian on the ski slope: liability after a collision
Collision with pedestrians, winter hikers or sled users on the piste: who may be liable, which safety duties matter and what evidence counts.
Piste crossing and cat track: liability for poor signage
Piste crossings, cat tracks and unclear signs: when the operator must secure and when skiers must adjust speed and visibility.
Ski bus and hotel shuttle: liability after a fall on ice
Fall at a ski bus, hotel shuttle or stop: when traffic safety, transport and travel organisation become legally relevant.
Alcohol check on the piste. Which powers apply?
Police and piste rescue have narrow alcohol check powers. We explain criminal procedure steps and refusal consequences.
Fall in the turnstile. Liability for ski pass control
Falls at RFID turnstiles create operator liability. Pinching risks and maintenance dominate.
Ski patrol report as evidence after a ski accident
Ski patrol reports, photos and witnesses secure claims after a ski accident. We explain which evidence matters and when to act quickly.
Ski school and beginners. Skill assessment as contract duty
Ski schools must assess beginners before piste use. Breach triggers reversed burden of proof under section 1298 ABGB.
Ski theft in the ski room: hotel and insurance liability
Skis missing from the ski room: when hotel, hut or insurance may pay and which evidence on storage and theft matters.
Solo fall without witnesses. Who bears the burden of proof?
After a solo fall on the piste the injured must prove breach of duty. We explain circumstantial evidence and expert reports.
Chairlift and child safety: liability of the safety bar
On a chairlift with a child, transport contract, EKHG keeper liability and parental duty meet. We clarify the responsibilities of operator and parents.
False lift emergency stop. Who pays for downtime?
Pressing the lift emergency stop without cause triggers liability for downtime costs. This article explains evidence and criminal risks.
Pulk with child on the piste: liability and limits
A pulk towed behind the skier is viewed critically on pistes. We show admissibility, FIS analogy and liability on collision.
Ski tour with private companion: duty to assist
Anyone on a private ski tour together carries guarantor duties. We explain section 95 StGB on abandoning, civil duty to assist and avalanche rescue.
Excessive speed as contributory negligence on the piste
Skiing too fast triggers contributory negligence under section 1304 ABGB. We show evidence with GPS and helmet cameras plus Supreme Court quotas in piste accidents.
Mountain hut access as rescue route: who is liable on closure?
When ski areas close hut access for avalanche blasting or piste machines, rescue services and hut keepers are affected. Path keeper liability under section 1319a ABGB applies.
Mountain station exit fall: lift operator liability
Falls at the mountain station exit trigger contract and EKHG liability. We explain duty of care and intervention.
Ski binding material defect: product liability and evidence
If your own ski binding breaks due to a material defect, the Austrian PHG applies. Evidence is decisive.
Snowboard and skier collision: FIS rules and liability
Snowboarders have a blind spot on the binding side. We explain FIS rules and contributory fault quotas.
Gondola and cabin door: trapping, fall and equipment damage
Accident at a gondola: when cabin door, staff, monitoring and EKHG liability matter for injury or equipment damage.
Ski club and association trips: liability of club, organiser and participants
Ski club trip to Austria: club, organiser, participants, insurance and clear roles after an accident.
Fall in a ski hut or après-ski venue: stairs, terrace, ice and liability
Fall in a ski hut or après-ski area: operator duties, ice, stairs, lighting and personal responsibility.
Ski instructor and ski school liability in adult courses
Adult ski courses fall under the school contract and vicarious liability. We explain burden of proof and duties of care.
Snowtubing and tube sledding in a ski area: liability, track and supervision
Snowtubing in a ski area: track design, instruction, supervision and operator organisation after an accident.
Dog on slope or winter trail: animal keeper liability and collision
Dog in the ski area causes a fall or collision: animal keeper liability, operator duties and evidence on winter trails.
Fatal ski accident: survivors’ claims, funeral costs and maintenance
Fatal ski accident in Austria: survivors’ claims, funeral costs and maintenance issues under § 1327 ABGB.
Minors after a ski accident: settlement, parents and court approval
Ski accident involving a minor: parental representation, settlement risks and why court approval may matter.
Piste and lift cameras as evidence: preservation, access and data protection
Video after a ski accident: piste cameras, lift cameras, evidence preservation and data protection.
Snow groomer collision during grooming: operator liability
Snow groomers operate after lift closure. Collisions trigger EKHG strict liability of the operator plus driver fault.
Legal expenses insurance after a ski accident: coverage and refusal
Legal expenses insurance after a ski accident: coverage request, deductible, refusal and litigation cost risk.
Private accident insurance after a ski accident: invalidity, deadlines and medical proof
Private accident insurance after a ski accident: invalidity, medical assessment, notification duties and policy deadlines.
Property damage after a ski accident: skis, clothing, phone and depreciation
Property damage after a ski accident: skis, clothing, phone, goggles, depreciation and evidence.
Faulty ski service: liability for edge, wax or mounting errors
Faulty ski service before an accident: workshop liability, service records, expert evidence and preservation of proof.
Travel health insurance and repatriation after the ski accident for visitors
Travel health insurance and repatriation after the ski accident: what the European Health Insurance Card covers and when only the private repatriation insurance pays.
Helmet camera, GPS and admissibility as evidence after the ski accident
Helmet camera and GPS after the ski accident: when a video or GPS data is admissible as evidence and what role data protection and the balancing of interests play.
Liability waiver on lift pass, ski-school form or rental contract
Terms and waivers after a ski accident: when clauses in personal-injury cases are not the final word.
Settlement signed after a ski accident: mistake and later claim
Quick settlement after a ski accident: why release, mistake and late consequences must be reviewed before signing.
Ski week as package travel: organiser, hotel and ski resort
For a booked ski week the key issue is often whether the organiser, hotel, ski school or ski resort is the proper defendant.
Trip interruption insurance after a ski accident: return journey and evidence
Ski holiday interrupted: what trip-interruption insurance, card cover and travel insurance typically review.
Avalanche on a secured slope and the liability of the operator
Avalanche on a secured slope: when the operator breaches the safety duty and when an unforeseeable extreme event as force majeure excludes liability.
Magic carpet and kids area: fall on the conveyor belt
Fall on a magic carpet in the kids area: operator, ski school, supervision and proof in conveyor-belt accidents.
Night skiing and floodlights: liability in poor visibility
Accident during official night skiing: operator duties for floodlights, visibility, closures and warnings plus the evidence that helps.
Rental skis damaged after a fall: deductible and rental contract
Rental shop demands payment for damaged skis: when customers must pay and how deductibles and insurance matter.
Ski touring during lift operation: ascent track and collision liability
Ski touring at the edge of an open slope: when operators, tourers or downhill skiers may be liable and what evidence matters.
Private-party joinder, compensation in the ski-accident criminal proceedings
Private-party joinder after the ski accident: how you assert compensation in the criminal proceedings and when the court awards it or refers you to the civil path.
Ski race, training operation and the liability of the organiser
Ski race and organiser liability: when the organiser breaches the safety duty and when the inherent race risk stays with the participant.
Cross-country, trail and collision, who is liable in a trail accident
Cross-country accident on the trail: how the trail rules determine the care, when the other skier is liable and when the trail keeper has to answer.
Toboggan run, operator liability and safety duty
Toboggan run and operator liability: when the operator is liable under section 1319a ABGB for a defective state and when an own riding error excludes liability.
Loss of earnings and household management damage after the ski accident
Loss of earnings and household management damage after a ski accident: which financial losses section 1325 ABGB compensates and how the household damage is calculated.
Ski rental, binding setting and liability after the ski accident
Ski rental and binding setting: when the rental shop is liable from the contract for work, what role the setting record plays and what matters for the proof.
Social insurance recourse for treatment costs after the ski accident
Social insurance recourse after a ski accident: how the statutory cession under section 332 ASVG works, what the quota priority protects and what stays with you.
Limitation period and declaratory action for late effects of a ski accident
Limitation after a ski accident: when the three-year period begins, how a declaratory action secures late effects and when haste is called for.
Skiing a closed slope, personal responsibility and operator liability
Skiing a closed slope: where the slope safety duty ends, when personal responsibility applies and when the operator exceptionally answers.
When a child causes the ski accident, capacity and parental liability
When a child causes the ski accident: when it is liable itself, when parents answer under section 1309 ABGB and when equity liability applies.
Ski accident involving foreign visitors, which law applies and where to sue
Which law applies and where to sue: Rome II, Brussels Ia and Austrian place-of-accident law for a ski accident involving foreign visitors.
Hit and run on the slope, failure to assist and the evidence gap
Riding off after a slope accident: when leaving an injured person behind under section 95 StGB is an offence and how to secure compensation.
Insurance cover for skiing, sports accident and private liability insurance
Which insurance pays what when skiing: sports accident and accident insurance as own protection, private liability of the wrongdoer, typical exclusions and duties under the VersVG.
Off-piste and variant runs, where slope safety ends and when contributory negligence applies
Off-piste and variant runs: where slope safety duty ends, what Section 1319a ABGB means, which residual duties remain and when a closure breach triggers contributory negligence.
Alcohol on the slope, contributory negligence, insurance exclusion and criminal risk
Alcohol on the slope: no fixed blood-alcohol limit. How it affects contributory negligence under Section 1304 ABGB, insurance cover and criminal liability under Section 88 StGB.
Ski, snowboard and toboggan accident, when compensation is realistic
FIS rules, fault and evidence: when a compensation claim is realistic after a ski, snowboard or toboggan accident in Austria.
Ski helmet and contributory negligence, helmet rules for children and the duty for adults
Ski helmet and law in Austria: where the children's helmet rule applies, why it carries no penalty and when a missing helmet reduces pain-and-suffering under Section 1304 ABGB.
Fall when boarding or exiting a chairlift, claims of the injured passenger
Fall boarding or exiting a chairlift: when the operator is liable under EKHG and the carriage contract, which duties apply and when contributory negligence reduces the claim.
Accident in a children's ski course, the ski school's duty of supervision and § 1313a ABGB
Child injured in a ski course: how far the ski school's supervision duty extends, when it is liable for the instructor under § 1313a ABGB and what role contributory fault plays.
Penal order after a ski accident, the four-week deadline and the objection under § 491 StPO
Penal order from Austria after a ski accident: what § 88 StGB means, how to object under § 491 StPO within four weeks and what consequences threaten in the home country.
Pain and suffering compensation after a ski accident, Austria and Germany compared
Pain and suffering after a ski accident in Austria: global assessment under § 1325 ABGB, comparison with German practice and why Austrian law governs the Austrian accident.
Rescue and recovery costs after a ski accident, who pays for the helicopter
Helicopter rescue, piste rescue, repatriation: which insurance covers which costs after a ski accident, where coverage gaps remain and how to recover costs.
Case-by-case assessment of the slope safety duty, the method under OGH 9 Ob 50/16t
OGH 9 Ob 50/16t summarises the method for the slope safety duty: case-by-case assessment rather than templates. Methodological close of the series.
Collision on the slope, who is liable, FIS rules, shared fault and burden of proof
Collision between two skiers: how FIS rules and § 1304 ABGB determine the liability quota, which evidence counts and how contributory negligence is assessed.
Chairlift standstill and flash ice, EKHG strict liability under OGH 2 Ob 198/23s
OGH 2 Ob 198/23s: prolonged chairlift standstill due to flash ice. Failure of functions excludes liability release under Section 9 EKHG.
Unattended cable-car installations and AI liability, shift of responsibility rather than liability-free zone
ZVR 2025/203 on autonomous cable-car operation with AI: no liability-free zone, EKHG remains central. Who is liable, when.
Snowmobile on the slope, equal fault sharing under OGH 2 Ob 231/23v
OGH 2 Ob 231/23v: slope rescuer with active warning equipment and skier with 43 m sight. Equal fault sharing as reference.
Winch cable and ski-tourer evening, when the slope operator is still liable after slope closing
OGH 5 Ob 91/22a on the late-returner case law at ski-tourer evenings: warning sign, closure and warning light suffice. When a claim still works.
Snow cannons at the slope edge, the paradigm shift to a padding duty
The new thesis I.L.4 (ZVR 2023, 469) requires mechanical padding for mobile snow-making devices in principle. Practical guide for injured skiers.
Funpark, snowpark and the slope safety duty, where self-responsibility ends
OGH 4 Ob 181/20a, 3 Ob 237/24k and OLG Linz 6 R 105/24i: when the funpark operator is liable and when the park user carries the risk.
Artificial snow and the slope safety duty, when the operator is liable (and when not)
OGH 7 Ob 80/23z: artificial snow is not an atypical hazard. When a claim against the slope operator still works: snow guns, hidden ice, bare patches.
Criminal liability for ski guides and ski touring
Criminal responsibility for ski guides, club tour leaders and experienced ski tourers, avalanche, § 88 paragraph 2 StGB, diversion, immediate measures at the scene.
Slope edge and ski accident, when the slope operator is liable
Fall at the slope edge: when is the slope operator liable? 2-metre strip, atypical hazards, contributory negligence and litigation strategy from the injured skier's perspective.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152