SKIRECHT
Slope accidents

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.

Your personal attorney

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.

3 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

A solo fall without witnesses creates a tough evidence problem. Without indications the claim is likely dismissed.

Under section 1295 ABGB the injured must prove the operator breach. Marks and expert reports gain weight.

Secure proof

Check solo fall proof

Three questions clarify evidence and chances.

You already know you want to send a request? Go directly to the contact form.

01 Question 1

Which indications exist?

Marks and documents raise your chances.

All paths at a glance

Overview of all answers.

01

Good evidence

With photos and marks a claim is realistic. We instruct the piste expert.

02

Thin evidence

Without indications dismissal is likely. We check remaining claims and insurance.

03

Gather documents

We collect the rescue and piste report. That helps reconstruct indications.

Indications from the fall site

Fall marks in the snow and an atypical obstacle serve as clues. Photos from the day are decisive.

Piste rescue and emergency reports add evidence. Request them at once.

Expert reports and prima facie evidence

Piste experts reconstruct the event from marks and topography. They assess compliance with FIS rules.

Typical sequences trigger prima facie evidence. The substantiation burden then shifts to the operator.

Immediate steps:

  • Photograph the fall site
  • Request the rescue report
  • Instruct a piste expert
Frequently asked

Questions on burden of proof

Do I stand a chance without witnesses? +

Yes if you secure indications. Marks photos and expert findings can prove the breach.

Who bears the burden? +

The injured bears it under section 1295 ABGB. Prima facie evidence can ease it.

How important are photos? +

Very important. Marks fade fast and obstacles are often removed.

What does the expert cost? +

Depending on scope 2,000 to 6,000 euros. The defendant pays on success.

Had an accident?

The sooner we secure the evidence, the better we can enforce your claim. Call us directly or send an email, callback within one business day.

Contact

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg