Slope accidents

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.

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Mag. Christopher Angerer, Rechtsanwalt

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17 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Children belong on the slope, but sometimes a child causes a collision and injures another slope user. The question then is whether the child is liable itself, whether the parents must answer or whether the loss stays with the injured person. The answer depends above all on the age of the child and on the supervision situation.

In Austria, capacity for tort liability generally begins at 14. Younger children are only liable by way of exception. Instead, the duty of supervision of the parents or carers comes to the fore, governed by section 1309 ABGB and complemented by equity liability under section 1310 ABGB. The standard for conduct on the slope remains the FIS rules.

This post concerns the case where a child causes the accident. Where the issue is supervision in an organised ski course, that is covered in the post on the duty of supervision in the childrens ski course.

Age and supervision

Who is liable when a child causes the ski accident?

Two short questions on age and supervision place the liability under sections 1308 to 1310 ABGB.

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01 Question 1

How old was the child that caused the accident?

Capacity for tort liability in Austria generally begins at 14. Before that a child is only liable by way of exception.

All paths at a glance

Overview of all answers.

Child of 14 or older generally liable, a claim against the child is possible.

From the age of 14 a minor is generally capable of tort liability if they had the necessary capacity of understanding. They are then liable under sections 1293 et seq ABGB like an adult for a breach of the FIS rules. In practice the family liability insurance, which often includes co-insured children, frequently steps in.

Next steps: secure evidence, check the family insurance cover and pursue the claim against the person capable of tort liability.

Duty of supervision breached, liability of the supervisor under section 1309 ABGB.

If a child under 14 causes the accident, the supervisor may be liable under section 1309 ABGB where they breached their duty of supervision. The standard depends on age, ability and the danger of the situation. Anyone who lets an inexperienced child ski unsupervised on a difficult slope risks liability.

Next steps: document who held the supervision, record the sequence of events and check the supervisor liability insurance.

No breach of supervision, at most equity liability under section 1310 ABGB.

If no one breached the duty of supervision and the child is not capable of tort liability, only equity liability under section 1310 ABGB remains. It requires, among other things, that the child has assets or that liability insurance exists. Otherwise the loss stays with the injured person, whose own accident insurance may help.

Next steps: clarify the child assets and insurance position, check your own accident insurance and weigh the equity criteria with a lawyer.

All recommendations at a glance

Child of 14 or older generally liable, a claim against the child is possible.

Next steps: secure evidence, check the family insurance cover and pursue the claim against the person capable of tort liability.

Duty of supervision breached, liability of the supervisor under section 1309 ABGB.

Next steps: document who held the supervision, record the sequence of events and check the supervisor liability insurance.

No breach of supervision, at most equity liability under section 1310 ABGB.

Next steps: clarify the child assets and insurance position, check your own accident insurance and weigh the equity criteria with a lawyer.

Capacity of children for tort liability on the slope

Capacity for tort liability describes whether a person must answer personally for a loss. In Austria it generally begins on completion of the 14th year of age. A minor of full age of understanding is then liable like an adult, provided they could understand the meaning of their conduct. The FIS rules apply to children too, adjusted to age and ability.

For children under 14 capacity for tort liability is generally lacking. Under section 1308 ABGB the injured person even bears their own loss where they provoked the child lacking capacity without their own cause. In all other cases the question of liability shifts to the supervisor or to equity.

Duty of supervision of the parents and equity liability

Under section 1309 ABGB, anyone who neglected the supervision of a child is liable. The standard is flexible. The younger and more inexperienced the child and the more dangerous the slope, the closer the supervision required. Anyone who sends a small child alone onto a black slope breaches the duty of supervision sooner than with a skilled teenager on a blue slope.

If no breach of supervision can be shown and the child is not capable of tort liability, equity liability under section 1310 ABGB remains. It can fall on the child itself where it has assets or where liability insurance exists. Such policies often include co-insured children. When the quota in a collision is reduced is explored in the post on the apportionment of fault under the FIS rules.

Check the insurance first. Many family liability policies include children. A look at the policy is worthwhile, because the insurer may pay even where the personal liability of the child is uncertain.

Frequent questions

Child as the cause of the accident in practice.

From what age is a child liable itself? +

Capacity for tort liability in Austria generally begins at 14. From this age a minor is liable like an adult if they could understand the meaning of their conduct. Younger children are only liable by way of exception.

Are the parents automatically liable for their child? +

No. Parents are liable under section 1309 ABGB only if they breached their duty of supervision. The standard depends on age, ability and the danger of the situation. There is no automatic liability based on parenthood alone.

What is equity liability? +

Under section 1310 ABGB a child not capable of tort liability may be liable on equity grounds, for instance where it has assets or where liability insurance exists. The court weighs the financial circumstances of both sides.

Who pays if no one is liable? +

If no liability arises, the injured person generally bears their own loss. Their own private accident insurance pays here regardless of liability. A look at the own policies is therefore worthwhile.

Do the FIS rules apply to children too? +

Yes, adjusted to age and ability. A child is expected to show the care possible for a child of its age. The supervisor must take this limited control into account and instruct the child accordingly.