The skiing accident in Austria: who is liable if something happens?
Accident with third party negligence
In the case of ski accidents with external influences, it is primarily important to check which winter sportsman is responsible for the accident. Basically, every piste participant has to behave in such a way that no other people are endangered. So there is no different in road traffic, the changing traffic rules, who have to stop, for example. Due to the lack of legal traffic rules, the FIS rules and the POE rules are important, as they define the rules of care and behavior on the ski slopes. The skier who culpably and illegally caused the accident is liable for the damage suffered by those involved in the accident. In any case, data should be exchanged after a collision so that a targeted assertion of claims is possible.
Even skiing accidents without external influences should not be neglected due to their legal explosiveness. If the skier is in possession of a valid lift ticket, there is a transport contract with the cable car company. The subject of the contract is not only the transport up the mountain, but also to ensure safe slopes. The slope user must be protected from all atypical dangers. Are z. B. existing lift supports on the piste are only required, or if there are obstacles on the piste that are usually not expected, the piste keeper will be made liable on the basis of their ongoing obligations. Failure to comply with the usual obligations means that the contractual partner has to pay for the damage incurred.
Even if there is no contract of carriage, which is currently often the case with ski tourers, who die after their ascent on the ski slopes, the slope keeper’s liability cannot be ruled out immediately. A tort liability can be registered if legal conduct obligations towards everyone are disregarded. It is necessary to check whether the ski slope was in a defective condition and whether this condition was caused by the piste operator with willful intent or gross negligence. If these requirements are met and the winter sports enthusiast has been injured, killed or his property has been damaged, claims for damages can be made against the piste operator.
Due to the variety of possible claims shown, you should in any case contact a specialist in this field.