Ski piste crime scene: The risk of accidents goes with you

Every year, around twice as many people have accidents on the ski slopes than on the roads. Only recently, there were even two fatal skiing accidents on ski slopes. Although safety on the ski slopes has improved in recent years - piste safety, ski equipment - there is still a significant risk of accidents. In this article, we look at the liability of mountain railway companies and piste users and show you what you need to bear in mind in the event of an accident so that you don't go away empty-handed in the event of a claim.

Liability of the mountain railway and ski lift company

Anyone who buys a ski ticket enters into a contract with the mountain railway or ski lift company. The Federal Supreme Court classifies this as a transport contract. This gives rise to contractual liability on the part of the mountain railway company for traffic safety.

An artificial piste is generally considered to be a work within the meaning of the liability of the owner of the work (Art. 58 CO). The owner of the piste is liable for faulty construction or defective maintenance. In addition, liability under the basic standard of tortious liability is also possible (Art. 41 CO). If the accident involves a piste vehicle, the owner's liability under Art. 58 ff. of the Swiss Road Traffic Act (SVG) also applies.

Mountain railway and ski lift companies that create ski slopes and open them for skiing are generally obliged to take reasonable precautions and protective measures to avert danger. This obligation exists regardless of the basis of liability. This is referred to as the so-called duty to ensure public safety. This is based on the principle that skiers should not suffer any damage when using the ski slopes as intended. As far as is reasonable for the mountain railway companies, they must prevent the dangers of skiing, which cannot be avoided even with careful skiing behaviour, from causing injury to skiers. Anyone who suffers damage as a result of such a breach of duty can demand compensation from the mountain railway company.

Duties of road safety are defined, among other things, in the guidelines for the construction, operation and maintenance of snow sports slopes drawn up by the Swiss Commission for Accident Prevention on Snow Sports Slopes (SKUS guidelines for the construction, operation and maintenance of snow sports facilities: www.skus.ch) or the guidelines published by the Swiss Cableways Commission for Legal Issues on Snow Sports Slopes (SBS guidelines for road safety duties on snow sports facilities: www.seilbahnen.org).

One of the unavoidable dangers of skiing that must be expected at all times is that skiers may fall and then continue to slide without being able to brake or steer effectively. In order to prevent injuries after such falls, fixed objects, such as ski lift masts and trees, must be removed from the piste area or secured by suitable devices (e.g. padding), whereby mere warning signs are not sufficient.

Reasonableness is the first limit of this duty to ensure safety. For example, it cannot be demanded that every single tree on a carriageway bordered by a forest be padded. On the other hand, it is reasonable to secure individual obstacles at the edge of the piste, such as masts or trees, if they represent a significant source of danger. Another barrier is the personal responsibility of the piste user. The risks inherent in snow sports should be borne by those who decide to practise them. The Federal Supreme Court attributes the misconduct of piste users who, misjudging their ability and the given piste and weather conditions or disregarding signalling, fall and thereby have an accident, to personal responsibility (4A_235/2007, 1.10.2007, E. 5.2).

The safety obligations do not apply to the entire piste area, but only to the piste itself and the edge of the piste. The SKUS guidelines define a two metre wide slope edge that must be secured. Hazards outside of this zone are only to be secured if there is a particularly great or atypical danger. For example, the Federal Supreme Court denied a duty to secure an embankment 12 metres from the piste because there was no particularly atypical or high risk of falling at the site of the accident (130 III 139 E. 2.5).

Liability of the piste user

In addition to the mountain railway and ski lift company, skiers can also be held liable. Collisions on the ski piste between several piste users are to be considered. In the event of collisions with other skiers, the question arises as to which of the parties involved must pay for the damage. The person who causes damage to another person, whether intentionally or negligently, is obliged to compensate them. This basic liability standard applies to everyone, including piste users. Anyone who skis down the piste and culpably causes a collision with another person is fundamentally liable for their damage.

The International Ski Federation and the Swiss Commission for Accident Prevention on Snow Sports Slopes (SKUS guidelines) have laid down rules of behaviour for using the slopes, similar to the traffic rules for road traffic (FIS rules, SKUS guidelines). If the violation of such rules results in injury to another person, the person responsible for the accident is generally liable. Caution is therefore advised; anyone can be held liable. Be aware that there is always a risk of accidents on the ski slopes, some of which are very busy.

Preservation of evidence

In principle, the injured party must prove that the person responsible for the accident is liable for the damage. If they cannot prove this, they cannot enforce their claim for damages and compensation. Successfully enforcing a claim against another party, be it the mountain railway company or another piste user, can therefore only be successful if the course of the accident, the breach of rules and the damage can be proven.

Evidence must therefore be collected after an accident. In any case, you should contact the piste rescue service. They will draw up an incident and accident report, which can be used as evidence. The report should provide information about the course of the accident and the personal details of all those involved, as well as the time and place of the accident, terrain, snow and visibility conditions, markings and signalling. If necessary, you can draw up a report yourself and have it signed by the person who caused the accident. Be sure to take photos of the scene of the accident. Save them so that no further accidents occur or the circumstances are subsequently changed. In the event of more serious injuries, the piste rescue service is obliged to call in the police. They will draw up a police report, which also serves as important evidence. It may also be advisable to file a criminal complaint for negligent bodily injury. But beware: the time limit for this expires after three months. The health injuries can be documented with a medical consultation.