No compensation for injured skier

Decision of the Supreme Court: slope operator not liable for accident next to the slope

A skier sued a slope operator for damages after an accident next to the slope. The Supreme Court confirmed the dismissal of the claim by the lower courts.

A skier wanted to take a shortcut on the way to the parking lot, skied next to the slope in unprepared terrain and fell over an obstacle that was difficult to see in the deep snow. He then sued the slope operator for damages.

The two first instances rejected the claim. The Supreme Court has now confirmed this decision.

The accident occurred in open terrain, about 50 meters from the edge of the slope, and therefore outside the responsibility of the slope operator. In principle, the manager of the ski slopes is only responsible for the safety of the ski area he has prepared for the purpose of skiing. For dangers off the secured slope, the slope operator is only responsible if he has caused them himself. When skiing in open terrain, the risk lies with the skier.

Even if several skiers deviate from the slope at one point and there are tracks in the deep snow, this does not mean that the slope operator must also secure this area. However, the border the prepared slope and the open terrain must be clearly recognizable, which was the case here.

The skier could have reached the parking lot without taking the shortcut on the safe slope, but he deliberately took the shortcut through the open terrain.

The slope operator cannot be accused of any violation of his traffic safety obligation, the skier is therefore not entitled to compensation.

Here you can find the entire judgment in the RIS (Austrian Legal Information System).

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