Articles & analysis.
Topics from ski and mountain sports law, set out clearly for clients.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for ski piste and mountain sports law
Ski accidents are complex and emotional. One lawyer you know, from the first question to the courtroom.
Off-piste and variant runs, where slope safety ends and when contributory negligence applies
Off-piste and variant runs: where slope safety duty ends, what Section 1319a ABGB means, which residual duties remain and when a closure breach triggers contributory negligence.
Alcohol on the slope, contributory negligence, insurance exclusion and criminal risk
Alcohol on the slope: no fixed blood-alcohol limit. How it affects contributory negligence under Section 1304 ABGB, insurance cover and criminal liability under Section 88 StGB.
Ski, snowboard and toboggan accident, when compensation is realistic
FIS rules, fault and evidence: when a compensation claim is realistic after a ski, snowboard or toboggan accident in Austria.
Ski helmet and contributory negligence, helmet rules for children and the duty for adults
Ski helmet and law in Austria: where the children's helmet rule applies, why it carries no penalty and when a missing helmet reduces pain-and-suffering under Section 1304 ABGB.
Fall when boarding or exiting a chairlift, claims of the injured passenger
Fall boarding or exiting a chairlift: when the operator is liable under EKHG and the carriage contract, which duties apply and when contributory negligence reduces the claim.
Accident in a children's ski course, the ski school's duty of supervision and § 1313a ABGB
Child injured in a ski course: how far the ski school's supervision duty extends, when it is liable for the instructor under § 1313a ABGB and what role contributory fault plays.
Penal order after a ski accident, the four-week deadline and the objection under § 491 StPO
Penal order from Austria after a ski accident: what § 88 StGB means, how to object under § 491 StPO within four weeks and what consequences threaten in the home country.
Pain and suffering compensation after a ski accident, Austria and Germany compared
Pain and suffering after a ski accident in Austria: global assessment under § 1325 ABGB, comparison with German practice and why Austrian law governs the Austrian accident.
Rescue and recovery costs after a ski accident, who pays for the helicopter
Helicopter rescue, piste rescue, repatriation: which insurance covers which costs after a ski accident, where coverage gaps remain and how to recover costs.
Case-by-case assessment of the slope safety duty, the method under OGH 9 Ob 50/16t
OGH 9 Ob 50/16t summarises the method for the slope safety duty: case-by-case assessment rather than templates. Methodological close of the series.
Collision on the slope, who is liable, FIS rules, shared fault and burden of proof
Collision between two skiers: how FIS rules and § 1304 ABGB determine the liability quota, which evidence counts and how contributory negligence is assessed.
Chairlift standstill and flash ice, EKHG strict liability under OGH 2 Ob 198/23s
OGH 2 Ob 198/23s: prolonged chairlift standstill due to flash ice. Failure of functions excludes liability release under Section 9 EKHG.
Unattended cable-car installations and AI liability, shift of responsibility rather than liability-free zone
ZVR 2025/203 on autonomous cable-car operation with AI: no liability-free zone, EKHG remains central. Who is liable, when.
Snowmobile on the slope, equal fault sharing under OGH 2 Ob 231/23v
OGH 2 Ob 231/23v: slope rescuer with active warning equipment and skier with 43 m sight. Equal fault sharing as reference.
Winch cable and ski-tourer evening, when the slope operator is still liable after slope closing
OGH 5 Ob 91/22a on the late-returner case law at ski-tourer evenings: warning sign, closure and warning light suffice. When a claim still works.
Snow cannons at the slope edge, the paradigm shift to a padding duty
The new thesis I.L.4 (ZVR 2023, 469) requires mechanical padding for mobile snow-making devices in principle. Practical guide for injured skiers.
Funpark, snowpark and the slope safety duty, where self-responsibility ends
OGH 4 Ob 181/20a, 3 Ob 237/24k and OLG Linz 6 R 105/24i: when the funpark operator is liable and when the park user carries the risk.
Artificial snow and the slope safety duty, when the operator is liable (and when not)
OGH 7 Ob 80/23z: artificial snow is not an atypical hazard. When a claim against the slope operator still works: snow guns, hidden ice, bare patches.
Criminal liability for ski guides and ski touring
Criminal responsibility for ski guides, club tour leaders and experienced ski tourers, avalanche, § 88 paragraph 2 StGB, diversion, immediate measures at the scene.
Slope edge and ski accident, when the slope operator is liable
Fall at the slope edge: when is the slope operator liable? 2-metre strip, atypical hazards, contributory negligence and litigation strategy from the injured skier's perspective.
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