SKIRECHT
Ski touring & backcountry

Ski tour with private companion: duty to assist

Anyone on a private ski tour together carries guarantor duties. We explain section 95 StGB on abandoning, civil duty to assist and avalanche rescue.

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.

3 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

A private ski tour does not create contract duties like a commercial guide. Yet guarantor duties arise from joint risky conduct.

In an emergency section 95 StGB and civil duty apply. Breach has criminal and civil consequences.

Tour decision helper

Duty of the companion

Three questions clarify private duty to assist.

You already know you want to send a request? Go directly to the contact form.

01 Question 1

What happened on the tour?

Choose the relevant incident.

All paths at a glance

Overview of all answers.

01

Avalanche burial

Immediate buddy rescue is required. We advise on section 95 StGB and civil consequences.

02

Fall and injury

Stabilise and call emergency. We assess guarantor and assistance duty.

03

Companion missing

File a missing report. We assess care duties and possible accusations.

Guarantor status and section 95 StGB

Anyone going into the mountains together assumes responsibility. This creates guarantor status.

Section 95 StGB punishes abandoning. Failure to assist risks imprisonment.

Avalanche rescue and emergency call

On avalanches immediate buddy rescue is decisive. Emergency call 140 must be made at once.

Transceiver probe shovel are mandatory equipment. Going without increases liability.

Immediate steps:

  • Place emergency call 140 at once
  • Start buddy rescue with transceiver
  • Pass position with exact GPS
Frequently asked

Ski tour and help

Am I a guarantor as private companion? +

Yes, joint tour creates guarantor status. It triggers duties to assist.

What if I do nothing? +

Section 95 StGB threatens imprisonment of up to six months. Civil pain compensation and damages may follow.

Must I endanger myself? +

Self risk is the limit of duty. It ends where own life is directly at stake.

How can I protect myself legally? +

Emergency call, documentation and visible rescue attempts count. A tour card with risk briefing helps in dispute.

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