What Are Your Rights?

Winter sports are enjoying increasing popularity. In particular, during the winter holiday season many individuals choose an active form of recreation in the mountains. Skiing and snowboarding provide both adrenaline and pleasure, yet they are inherently associated with a heightened risk of accidents and personal injury.

It is, therefore, essential to be aware that persons injured in slope accidents may pursue compensation for ski accidents, compensation for snowboarding accidents, or more broadly – compensation for slope-related incidents, as such accidents can arise not only while skiing. What rights do injured parties enjoy, what steps should be taken prior to departure, and how should one conduct oneself on the slopes? The following provides guidance.

Liability for Accidents on the Slopes

Liability for a slope accident may arise both from wrongful acts and from omissions. This means that accidents may result not only from improper conduct on the slope but also from failures in the maintenance or organization of the infrastructure. The most common causes include:

• The injured party did not exercise due caution, selected a slope inappropriate for their abilities, or disregarded the regulations of the ski resort;
• Another skier or snowboarder breached safety rules or failed to exercise due diligence, thereby colliding with another slope user;
• The slope operator or ski resort proprietor was negligent in infrastructure maintenance – for example, slopes were inadequately prepared or marked, lifts were defective, or footpaths were left icy;
• A ski or snowboard instructor acted negligently on the slope, resulting in injury;
• A rental company provided defective or improperly serviced equipment, which contributed directly to the accident.

Scope of Compensation Available

Compensation following a slope accident may cover both pecuniary and non-pecuniary losses, including:

• Reimbursement of medical and rehabilitation expenses – such as costs of medication, orthopedic aids, or private medical procedures necessitated by the injuries sustained;
• Compensation for lost income – where incapacity for work arises as a consequence of the accident;
• Compensation for property damage – including damage to ski equipment or other personal belongings;
• Compensation for pain and suffering – encompassing both physical and psychological harm. In the event of permanent disability, the injured party may additionally claim a disability pension.

Procedure for Pursuing a Ski Accident Claim

In order to effectively pursue compensation for a slope accident, the following steps are essential:

1. Collection of evidence and notification of the accident – the incident should be promptly reported to the relevant rescue services or ski resort staff. Witness statements and contact details should be secured where possible. Photographic documentation of the slope and equipment is also recommended.
2. Compilation of medical documentation – without documentary evidence of the injuries sustained, establishing entitlement to compensation will be impossible. It is therefore necessary to gather medical records, physicians’ certificates, prescriptions, and receipts for medicines and orthopedic equipment.
3. Submission of the claim to the competent insurer – once liability is determined, the claim should be lodged with the relevant insurance company. This may be the liability insurer of another skier, the slope operator, or the rental company.

Engaging an experienced claims management law firm may prove invaluable in determining liability, substantiating the claim, and securing the maximum amount of compensation.

How the PKPP Operates

• Each case is analyzed free of charge;
• A clear and transparent agreement is concluded with the client;
• Assistance is provided in the collection of requisite documentation;
• Claims are lodged with insurers and negotiations conducted. Where necessary, proceedings are initiated before the courts, with representation provided at every stage;
• Clients have continuous access to case progress through our CRM platform;
• Compensation is transferred directly to the client’s bank account;
• Remuneration is a percentage of the awarded compensation, agreed individually with the client.

Practical Considerations Prior to Departure

To ensure a safe and enjoyable skiing holiday, whilst mitigating the risk of legal and financial complications, it is advisable to:

• Purchase adequate ski insurance, covering both accidents and third-party liability. Policies should include civil liability insurance (in case the insured causes an accident) as well as personal accident cover (for cases where no liable party can be identified);
• Undertake ski training – even experienced skiers should consider refresher lessons, particularly after a break from skiing;
• Familiarize yourself with slope regulations and etiquette, including speed control, caution in turns, and appropriate attire;
• Ensure equipment is fit for use – privately owned equipment should be serviced, while rented equipment should be obtained only from reputable rental companies. Highly visible clothing (e.g. reflective helmets) enhances safety;
• Refrain from alcohol consumption while skiing – intoxication at the time of an accident may prejudice compensation proceedings and result in forfeiture of entitlements.

Finally, it must be emphasized that all participants in a slope accident are under a legal duty to summon appropriate services and render necessary assistance to the injured. Failure to provide such assistance may give rise to criminal liability.