OGH on Ski-Slope Operators’ Safety Obligations

Apr 26, 2024 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that ski run operators must protect customers against atypical dangers. These include obstacles that are not easily recognisable by skiers or that are difficult to avoid, even if a danger is recognisable.

In the ski resort operated by the defendant, the plaintiff was injured. One of the ski slopes was cordoned off by means of a barrier rope at a height of approximately 50 cm. There were also six black-and-yellow chequered flags attached to the rope and a notice board placed just outside the barrier. The plaintiff claimed that, due to the poor lighting and environment, he did not see the barrier. As a result, he suffered a fall.

The plaintiff sought to recover damages and to hold the defendant liable. The claim was dismissed by both the trial court and the appellate court. The OGH recently confirmed the lower courts’ decision.

Danger is atypical if unexpected or difficult to avoid even for responsible skiers. The extent of the safety precautions depends on the nature and extent of the source of the danger and must be reasonable for the operator of ski slopes.

Artificial obstacles must not pose any danger even to average skiers, also in poor visibility conditions. However, slope users must adapt their riding style to current conditions.

The OGH concluded that the plaintiff had failed to see the signpost and the blocking cable. Had the skier been more attentive, he would have been able to stop in time before hitting the obstacle. The OGH also confirmed that the operator had fulfilled their duty to ensure safety and had properly warned of the obstacle.

OGH 5 Ob 214/23s (26 February 2024)