Manufacturer product liability
We secure an expert opinion and approach the manufacturer. Mind the 3/10 year periods.
Insurance law
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.
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.
2 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
The Austrian PHG holds manufacturers strictly liable for defective products. A break of your own binding fits this scheme.
Evidence preservation and the line to ski service are decisive. Deadlines are short.
Binding failure
Ski binding material defect
Check defect, deadline and expert in three steps.
You already know you want to send a request? Go directly to the contact form.
What caused the binding failure?
Material defect, ski service or own storage.
All paths at a glance
Overview of all answers.
Service business liable
We assess work contract liability of the ski service. Evidence: receipt and setting protocol.
PHG claim doubtful
Age and wear limit the expectation. We check residual claims and insurance.
Defect concept and safety expectation
Defect concept and safety expectation
Section 1 PHG imposes strict liability on the manufacturer. Section 5 PHG measures against legitimate safety expectations of the public.
Bindings must withstand normal ski use. Failure before end of service life suggests a defect.
Deadlines and evidence
Deadlines and evidence
Section 1489 ABGB sets a three year limitation from knowledge. Section 13 PHG adds a ten year cut off from placing on the market.
Preserve binding, ski and fragments unchanged. An expert opinion is a precondition for the claim.
Immediate steps:
- Preserve binding and ski boot unchanged
- Document the last ski service with receipt
- Engage an expert for binding defects
Frequently asked
PHG and binding failure
Who is liable when the own binding breaks? +
The manufacturer under PHG is strictly liable. Standard is the safety expectation under section 5 PHG.
Which deadlines apply? +
Three years limitation from knowledge under section 1489 ABGB. Ten year cut off from placing under section 13 PHG.
How is the ski service separated? +
Faulty adjustment by the service is not a product defect. It is work contract liability with fault of the service.
Why do I need an expert opinion? +
The defect must be shown in the material. Without expert opinion prima facie proof is unlikely to succeed.
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
Phone
+43 660 2407152