Ski resort operators

Toboggan run, operator liability and safety duty

Toboggan run and operator liability: when the operator is liable under section 1319a ABGB for a defective state and when an own riding error excludes liability.

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Mag. Christopher Angerer, Rechtsanwalt

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23 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Toboggan runs are popular, often lit in the evening too, and they can reach high speeds. If a fall occurs, the question arises whether the operator of the run is liable. The answer turns out differently than with the slope, because for ways a special and milder liability standard applies.

A toboggan run is legally a way. For its defective state the keeper is liable under section 1319a ABGB only for gross negligence, not already for slight negligence. That relieves the operator noticeably. Decisive is whether a specific defect existed, whether it was recognisable and whether the keeper could have removed it with reasonable effort.

This post explains the way-keeper liability, the standard of gross negligence and the distinction from an own riding error. Where the issue is a closed or non-dedicated route, the post on the closed slope and personal responsibility helps further.

Run and defect

Is the operator of the toboggan run liable?

Two short questions on the dedication of the run and on a possible defect place the way-keeper liability.

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01 Question 1

Was the toboggan run dedicated and in operation?

The way-keeper liability requires that the run was opened as a toboggan run and not closed.

All paths at a glance

Overview of all answers.

Not dedicated or closed, personal responsibility to the fore.

Anyone who uses a route not dedicated as a toboggan run or a closed route cannot rely on the safety measures of a run keeper. On a forest track or a closed descent personal responsibility comes to the fore, and a contributory fault under section 1304 ABGB can reduce or exclude the compensation.

Next steps: clarify the dedication and closure of the route, document the signage and have the personal responsibility realistically assessed.

Defective state, keeper liability under section 1319a ABGB for gross negligence.

If the accident rests on a defective state of the toboggan run, the way-keeper liability under section 1319a ABGB comes into consideration. But the keeper is liable only where they or their people are guilty of gross negligence, for instance with an unsecured obstacle at a known danger spot. Decisive are the specific defect and the question whether it was recognisable and avoidable with reasonable effort.

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

Own riding error, no keeper liability, personal responsibility applies.

If there is no defect of the run and the accident rests on an own riding error, for instance too high a speed or loss of control, keeper liability is excluded. The tobogganist bears the general risk of the sport themselves. Here often only the own accident insurance helps. In a collision with another tobogganist the general fault rules additionally apply.

Next steps: check your own accident insurance, with a third party involved clarify the fault and document the course of events.

All recommendations at a glance

Not dedicated or closed, personal responsibility to the fore.

Next steps: clarify the dedication and closure of the route, document the signage and have the personal responsibility realistically assessed.

Defective state, keeper liability under section 1319a ABGB for gross negligence.

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

Own riding error, no keeper liability, personal responsibility applies.

Next steps: check your own accident insurance, with a third party involved clarify the fault and document the course of events.

Way-keeper liability under section 1319a ABGB

A dedicated and open toboggan run is legally a way. For the defective state of a way the keeper is liable under section 1319a ABGB only where they or their people caused the defect by gross negligence or intent. This restriction to gross negligence distinguishes the run clearly from the ski slope, for whose safety a stricter standard applies.

A defective state exists, for instance, where a known, dangerous obstacle stands unsecured in the run or a danger spot is not secured. Decisive is whether the defect was recognisable and avoidable with reasonable effort. The mere fact that an accident happened does not yet establish a liability of the keeper.

Distinction from riding error and personal responsibility

Many toboggan accidents rest not on a defect of the run but on an own riding error. Too high a speed, wrong braking technique or loss of control fall into the personal responsibility of the tobogganist. Keeper liability is then excluded, and often only the own accident insurance helps. In a collision with another tobogganist the general fault rules apply.

Important is therefore the precise clarification whether a defect of the run or a riding error existed. With only partial fault a quota can be formed, similar to a collision on the slope, which the post on the apportionment of fault under the FIS rules explains.

Milder standard than for the slope. For the toboggan run as a way the keeper is liable only for gross negligence. For this reason alone the precise documentation of the defect is decisive. Photograph the danger spot and secure witnesses while the situation is unchanged.

Frequent questions

Toboggan run and liability in practice.

Is the operator liable for every toboggan accident? +

No. For the toboggan run as a way the keeper is liable under section 1319a ABGB only for gross negligence regarding a defective state. A mere riding error of the tobogganist does not establish liability.

What is a defective state of the run? +

For instance an unsecured, dangerous obstacle or an unsecured danger spot. Decisive is whether the defect was recognisable and avoidable with reasonable effort.

Why does a milder standard apply than for the slope? +

Because the toboggan run is legally a way and section 1319a ABGB restricts the liability of the way-keeper to gross negligence. For slope safety, by contrast, a stricter standard applies.

What applies on a closed route? +

Anyone who uses a closed or non-dedicated route cannot rely on safety measures. Here personal responsibility comes to the fore, and a contributory fault under section 1304 ABGB can reduce the compensation.

Who pays with a pure riding error? +

If there is no defect of the run, the tobogganist bears the risk themselves. Here often only the own private accident insurance helps, which pays regardless of liability.