Fall in practice area
This is the usual first contact. Liability is limited to gross errors of the school.
seilbahn-skikurs
Ski school and beginners. Skill assessment as contract duty
Ski schools must assess beginners before piste use. Breach triggers reversed burden of proof under section 1298 ABGB.
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Mag. Christopher Angerer, Rechtsanwalt
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4 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
Ski schools sign a service contract with beginners. It includes a duty to assess skills upfront.
Taking unfit beginners to a marked piste creates liability. Under section 1298 ABGB the school must exonerate itself.
Check skills
Check beginner course
Three questions clarify assessment and liability.
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Where did the fall happen?
Practice area and piste carry different duties.
All paths at a glance
Overview of all answers.
Fall on marked piste
The assessment question arises here. We test fault and section 1298 ABGB.
Fall on ski route
Beginners on ski routes typically implicate fault. We pursue full claims.
Assessment and practice area
Assessment and practice area
Beginners are trained on flat practice slopes. Only a working snowplough turn allows transition to a piste.
Assessment uses observation and simple drills. Documentation protects the school later.
Service contract and reversed burden
Service contract and reversed burden
The ski school contract carries service and protective duties. Breach triggers damages.
Section 1298 ABGB applies on contractual breach. The school must prove absence of fault.
Immediate steps:
- Secure booking and level allocation
- Document the fall site
- Note witnesses and instructor names
Frequently asked
Questions on beginner courses
When may the instructor move to the piste? +
Only when braking and turning are reliable. Early escalation is a breach.
Who is liable for a course fall? +
The school is liable in contract. Under section 1298 ABGB it must exonerate itself.
Do I need proof of instructor skill? +
The school must deploy qualified instructors. A diploma is the minimum.
How is the level documented? +
Usually with level cards and group lists. Secure them after the accident.
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