Collision at a ski run junction: Who is liable?

As at October 2026 · Reading time: approx. 5 minutes · Author: Mag. Benedikt Walch, lawyer in Lech am Arlberg

Key points at a glance

• The skier in front, who is travelling more slowly, has right of way over the skier behind, who is travelling faster – this also applies to a skier coming from above who is crossing the slope.
• If the other party involved in the accident is largely at fault, this may entirely negate the other party’s liability – in such cases, even a minor lapse in attention on one’s own part is completely disregarded.
• There is no concept of ‘right of way’ on the runway based on a supposed main flow of traffic; the rules on right of way set out in the rules of the road do not, in principle, apply here.
• This is based on a recent ruling by the Supreme Court dated 11 November 2025 (1 Ob 126/25y).

Crossings on the slopes are among the most accident-prone areas in a ski resort: this is where skiers from different directions and skiing at different speeds meet. If a collision occurs, the question regularly arises as to who is liable – and whether the injured party must bear some of the responsibility. The Supreme Court (OGH) provided important clarifications on this matter in its ruling of 11 November 2025.

The incident: Collision at the junction of two runways

A skier was skiing in a straight line down a blue-marked run at around 25 to 30 km/h towards a valley station. In a section of the run where accidents are particularly common, this run is crossed by numerous skiers coming down from a ridge situated higher up. It was precisely from there that a second, significantly faster skier came down: he initially swerved to avoid another skier, then looked to the side – rather than in the direction he was travelling – and collided, almost without braking, with the woman skiing further down the slope. Both fell and sustained injuries.
Whilst the court of first instance held the skier coming from above solely responsible, the court of appeal found the woman to be 50 per cent at fault – on the grounds that she had not kept a constant watch on the skier crossing her path. The Supreme Court reinstated the original decision.

Right of way on the slopes: the importance of the FIS rules

Although the FIS Code of Conduct is not a law, established case law recognises that, as a summary of the duties of care in alpine skiing, it is of considerable importance. Three rules were decisive in this case:

• • FIS Rule 1 – Consideration: Every skier must behave in such a way as not to endanger or cause harm to others.

• • FIS Rule 2 – Control of speed and manner of skiing: Skiers must ski within their sight and adapt their speed and manner of skiing to their ability, the terrain, the snow conditions, the weather and the density of traffic.

• • FIS Rule 3 – Choice of course: A skier approaching from behind must choose a course that does not endanger skiers ahead of them.

This gives rise to the long-established principle that the skier in front, who is skiing more slowly, has right of way over the skier behind, who is skiing more quickly. They may rely on skiers behind them to leave them sufficient space (the principle of trust). At the same time, the Supreme Court clarified that there is no right of way on the slopes based on a supposed ‘main flow of traffic’ and that the right-of-way rules of the Road Traffic Regulations do not, in principle, apply here.

Partial fault – and when it is entirely excluded

The skier coming from above was significantly faster, changed direction several times and, towards the end, was not looking in the direction he was travelling. He was therefore found to be at fault for a serious breach of duty of care, which was the primary cause of the accident. Although the skier in front had briefly noticed the skier crossing her path, she had not kept a constant watch on him afterwards – the Supreme Court deemed this to be merely a minor lapse in attention..

If the party causing the damage is predominantly at fault, the other party’s liability is entirely excluded.

In accordance with this principle, the woman’s minor contribution to the accident was entirely disregarded. She received full compensation – without any deduction. This is of particular practical significance at ski run junctions: whilst everyone is required to exercise greater caution there, the fault of the driver travelling at speed and crossing the run typically carries significantly greater weight.

What does this mean for injured parties – and for liability insurers?

For injured parties, this ruling is welcome news: anyone who skies correctly and predictably and is ‘run over’ by a clearly careless, faster driver does not necessarily have to accept a minor accusation of their own inattention. This often makes it possible to refute the opposing party’s blanket claims of contributory fault.

Conversely, for the party held liable and their liability insurers, this means that anyone coming from above or crossing a piste bears a high liability risk – which may even amount to sole liability. A realistic assessment of the proportion of fault is crucial for the settlement of the claim. In cross-border cases (for example, involving German or Swiss parties), Austrian law generally applies to an accident in Austria.

Frequently Asked Questions

Who has right of way in a collision on the ski run?

As a general rule, the skier in front is the slower one. The skier behind, or the faster skier coming from above, must choose their line and speed so as not to endanger the skier in front.

Will I receive full compensation even though it was my own fault?

That is possible. If the other party’s fault is significantly higher, even a minor degree of contributory fault can be entirely disregarded, meaning that full compensation is due. The individual case is always decisive.

Do the traffic regulations set out in the Road Traffic Regulations (StVO) apply on the ski slopes?

No. The right-of-way rules set out in the Road Traffic Regulations do not, as a general rule, apply on ski slopes. The FIS rules and the general duty of care are the governing principles.

Staying on the safe side legally following a skiing accident

Have you been involved in a collision on the slopes – either as the injured party or as the party against whom a claim has been made? The WALCH law firm in Lech am Arlberg provides advice on compensation for pain and suffering, damages and the defence against unjustified claims, including in cross-border cases involving German and Swiss parties. Lawyer Benedikt Walch is a state-certified ski instructor and ski guide and specialises in ski accidents throughout Austria.

This article provides a general and non-binding overview of the legal situation as at the date stated and is not a substitute for legal advice in individual cases. Source of the decision: Supreme Court, 11 November 2025, 1 Ob 126/25y (Federal Legal Information System, RIS).