Wijnkamp Stachowitz law firm: Your specialist for skiing and mountain sports accidents.
Skiing accident, snowboarding accident, tobogganing accident
Climbing, hiking, downhill biking, paragliding etc.
Ski tours, ice climbing, high mountain tours etc.
The consequences of sports accidents in the mountains are our chosen speciality. Thorough and rapid intervention after an accident is of paramount importance. It is advisable to gather evidence about the course of the accident as soon as possible and to keep records. If the criminal prosecution authorities initiate an investigation after an accident, it may be advisable, depending on your status in the proceedings (accused, victim), to make a statement to the police or to refrain from doing so (for the time being). Remember that the police ‘only’ investigate the facts of the case, but do not pass judgement! In Austria, only the courts decide on guilt and the resulting consequences in individual cases.
Don’t hesitate – if you are involved in an accident, call us as soon as possible at +43 (0)5418-20 400 or send an email to office@wlawfirm.eu.
Ideally, contact us before making any statements about the incident to third parties, especially the police! Acting quickly can help minimize the risk of losing valuable evidence or unintentionally incriminating yourself in police interviews without a lawyer present.
As a law firm, we can directly get in touch with the local police department or the public prosecutor's office, assess the situation, and calmly discuss the next steps with you.
Many tourists spend their holidays in Austria because of the fascinating mountains. Hiking, climbing, paragliding, mountain biking, rafting etc. are activities that are at best relaxing and enjoyable, but also harbour risks that are often overlooked. The consequences are often devastating.
Regardless of the time of year in which they happen, sports accidents can often have consequences that cannot be assessed by those affected at first glance. These can sometimes last for years and, in terms of the law, can take the form of both criminal law (fines and/or imprisonment) and civil law (compensation for damages).
If an accident in general or a skiing/mountain sports accident in particular occurs in Austria,
Austrian law always applies. This is often the case even if no Austrian was involved. It is important to seek advice as soon as possible after the skiing accident, as your claim is also subject to the statute of limitations and can no longer be successfully sued after a certain period of time has elapsed.
The limitation period in Austria is shorter than in Germany, namely three years from the accident or from knowledge of the damage and the liable party. Unlike in Germany, the year-end limitation period does not apply. If no action has been brought before the court or the claim has at least been fully recognised out of court before the deadline expires, it is generally too late. It is unlikely that the other party involved in the accident or their liability insurance will pay voluntarily after the limitation period has expired.
In addition to the time component, you should also bear in mind that compensation for damages and, in particular, compensation for pain and suffering after a skiing accident is calculated differently in Austria and can be significantly higher than in Germany, for example. The case should therefore not be settled prematurely in your home country without first checking how high the compensation claim would be according to Austrian standards. If such an examination is omitted and ski accidents are consequently settled according to the legal system of the respective country of residence or domicile, it is not uncommon for thousands of euros to be overlooked.
Key factors include the place where the court proceedings are to take place and the applicable law under which the case will be assessed. Ski accidents occurring in Austria that involve individuals from different countries require knowledge of private international law. The question of liability is just as crucial as the question of where a judgment can ultimately be enforced.
For the member states of the European Union, European regulations and directives apply. However, comparable agreements have also been concluded with several other countries, such as Switzerland, which govern jurisdiction and applicable law.
These are just a few of many aspects that must be taken into account. This naturally includes a serious and honest assessment of the chances and risks regarding the enforceability of a judgment abroad.
the names of all parties involved
a description of the course of the accident – ideally with a sketch and photos
a summary of your damages
liability insurance details of the opposing party (policy or claim number, insurance company)
your own legal expenses insurance details (if available)
Party involved in the accident: Record name and address, and verify with an ID document.
Witnesses: Note names and addresses of people who observed the accident.
Hit and run: Immediately report a description of the person to the police by phone for a search.
Accident site: Make a sketch, mark distances (measure with ski lengths if necessary), take photos.
Slope: If the accident was caused by poor slope conditions or faulty infrastructure, document the actual condition with a sketch and photos. Record witness information.
Police: Should always be notified in the event of suspected personal injury.
Interrogation: Ideally involve a lawyer. If possible, review the file content in advance. Do not sign any statement that has not been thoroughly checked for accuracy. Do not sign any statement that contains errors or inaccuracies, especially if corrections are denied by the police. Request a copy of the statement.
You can also find FAQs on the topic of skiing accidents, slope accidents, or mountain sports accidents here:
You can find articles and tips on skiing accidents, slope accidents, or mountain sports accidents here:
