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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.

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Mag. Christopher Angerer, Rechtsanwalt

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24 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Cross-country skiing is considered a calm sport, yet accidents happen on the trail too. While overtaking, while changing tracks or on the descent skiers crash into each other, or a fall rests on the state of the trail. Then the question of liability arises, similar to the slope but with its own rules of conduct.

For conduct on the trail rules have become established that are modelled on the FIS rules. They order overtaking, the choice of track and priority, for instance of the descending skier. Anyone who breaches them acts contrary to care and is liable under sections 1293 ff ABGB. For the state of the trail as a way, by contrast, the milder way-keeper liability under section 1319a ABGB applies.

This post explains the trail rules, the liability in collisions and the role of the trail keeper. How the apportionment of fault works in general is shown by the post on the apportionment of fault under the FIS rules.

Cause and fault

Who is liable in a cross-country accident on the trail?

Two short questions on the cause of the accident and on the fault place the liability on the trail.

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01 Question 1

What caused the accident?

On the trail rules of conduct apply, similar to the FIS rules. In addition the state of the trail can play a role.

All paths at a glance

Overview of all answers.

01

Fall due to the state of the trail, way-keeper liability under section 1319a ABGB.

If the fall rests on the defective state of the trail, the way-keeper liability under section 1319a ABGB comes into consideration. The trail is legally a way, so the keeper is liable for the defective state only with gross negligence. Decisive is a specific, recognisable and avoidable defect, for instance an unsecured obstacle in the track.

Next steps: photograph the defect and the spot, secure witnesses and have the gross negligence of the trail keeper assessed.

02

The other breached a trail rule, liability under sections 1293 ff ABGB.

If the other cross-country skier breached a trail rule, for instance overtook wrongly or blocked the track, they are liable under sections 1293 ff ABGB for the culpably caused loss. The trail rules concretise the required care similar to the FIS rules on the slope. Secure the course of events, the track guidance and witnesses, because the proof of the breach is decisive.

Next steps: document the course of the accident and the trail-rule breach, secure witnesses and pursue the claim against the wrongdoer.

03

Mutual fault, apportionment under section 1304 ABGB.

If both cross-country skiers breached a duty of care, the loss is shared proportionally under section 1304 ABGB. The quota depends on the weight of the mutual breaches of the trail rules. A precise reconstruction of the course is therefore important, because it decides the amount of the compensation.

Next steps: document the mutual breaches, have a realistic quota assessed and pursue the remaining claim.

Trail rules as a standard of care

On the trail rules of conduct apply that are modelled on the FIS rules of alpine skiing. They demand consideration, regulate overtaking and the choice between the classic track and the skating area. The overtaking skier bears the responsibility for passing without danger, similar to overtaking on the slope. On the descent the descending skier regularly has priority.

These rules are not statutes, but they concretise the general duty of care. Anyone who breaches them acts negligently and is liable for the resulting loss under sections 1293 ff ABGB. The proof of the rule breach is therefore central, which is why witnesses and a precise account of the course are important.

State of the trail and liability of the trail keeper

If the fall rests not on a third-party fault but on the state of the trail, the liability follows section 1319a ABGB. The groomed trail is legally a way, for whose defective state the keeper is liable only with gross negligence. A mere fall without a recognisable defect does not establish liability of the trail keeper.

This milder standard corresponds to that for the toboggan run, which is also a way. The comparison is deepened by the post on the toboggan run and operator liability. With mutual fault of two skiers the loss is shared proportionally under section 1304 ABGB.

When overtaking the responsibility lies with the overtaker. As on the slope the faster skier must overtake in such a way that they do not endanger the other. Anyone who overtakes without sufficient distance and causes a fall is liable for the consequences.

Frequent questions

Cross-country and the trail in practice.

Do the FIS rules apply on the trail? +

Not directly, but separate trail rules apply that are modelled on the FIS rules. They concretise the duty of care while overtaking, in the choice of track and on the descent.

Who is liable in a collision on the trail? +

Whoever breached a trail rule and thereby caused the accident is liable under sections 1293 ff ABGB. With mutual fault the loss is shared proportionally under section 1304 ABGB.

Is the trail keeper liable for every fall? +

No. For the trail as a way the keeper is liable under section 1319a ABGB only with gross negligence regarding a defective state. A mere fall without a defect does not establish liability.

Who has priority on the descent? +

On the descent the descending skier regularly has priority, because they can dodge or brake with more difficulty. The skier going uphill must take account of this and free the track.

What must I secure after a trail accident? +

The course of events, the track guidance, possible defects of the trail and above all witnesses. These pieces of evidence later decide the fault and thus the amount of the compensation.

Related posts

Further reading on collision and keeper liability.

Apportionment of fault under the FIS rules

How the quota is formed in a collision of two sportspeople.

Toboggan run, operator liability and safety duty

The milder standard of section 1319a ABGB for ways in comparison.

Compensation after a ski, snowboard or toboggan accident

When a claim is realistic and which losses are compensated.

Topics
cross-countrytrailtrail rulescollisionsection 1319a ABGBsection 1304 ABGBtrail accident

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