Selection fault of the school
We assess the claim under section 1313a ABGB. The reversed burden under 1298 helps you.
seilbahn-skikurs
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.
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.
1 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
The ski school contract obliges the school to safe teaching. The instructor is auxiliary under section 1313a ABGB.
Adults bear more personal responsibility. The school still answers for selection, supervision and suitability errors.
Accident in ski course
Adult course liability
Check contract, suitability and supervision in three steps.
You already know you want to send a request? Go directly to the contact form.
What triggered the accident?
Slope choice, missing instruction or own fall.
All paths at a glance
Overview of all answers.
Supervision fault likely
Missing visual contact triggers liability. We secure statements of the group.
Personal responsibility prevails
Pure falls remain with you. We check insurance options.
Contract and vicarious liability
Contract and vicarious liability
The ski school enters a paid training contract with the participant. Section 1295 ABGB demands full diligence.
The instructor acts for the school. Under section 1313a ABGB the school is liable for the fault of the instructor as for its own.
Slope choice and supervision
Slope choice and supervision
The instructor must choose the slope by the level of the group. An ability check at course start is mandatory.
Visual contact with the group is required while skiing. Under section 1298 ABGB the school must prove absence of fault.
Immediate steps:
- Secure the course contract and registration form
- Note the instructor and fellow participants as witnesses
- Document injuries and slope difficulty
Frequently asked
Ski school adult liability
Does the school answer for adults too? +
Yes. The ski school contract demands safe teaching. Personal responsibility does not remove the duty of careful selection.
What does reversed burden of proof mean? +
Under section 1298 ABGB the school must prove absence of fault. This eases enforcement substantially.
How is slope choice assessed? +
The weakest participant sets the standard. Clearly overwhelmed participants mean fault of the instructor.
What about pure falls without external cause? +
Pure falls without selection or supervision error remain with personal responsibility. A case review still makes sense.
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