A Skier's Liability on the Slope: Who Is Liable for an Injury?

An injury on the slope can have serious health and financial consequences. In practice, then, the question often comes up of who is liable for an injury on the slope and when compensation can be claimed after a collision between skiers. Although Czech law contains no special rules for skiing, skiers' liability is assessed under the general rules of law.

Are there statutory rules of conduct on the slope?

Czech law has no special statute governing how skiers behave on the slopes. That does not mean, however, that skiing accidents have no legal consequences. The key concept here is the general duty to prevent harm under Section 2900 of the Civil Code.

Every skier and snowboarder is obliged to behave so as not to cause unjustified harm to the health, life, or property of others. Skiing is a potentially dangerous activity, and the possibility of a collision with another skier is foreseeable. That is precisely why skiers are required to take an increased degree of care.

The FIS rules and their legal significance

The FIS rules of conduct on the slope (rules issued by the International Ski Federation) play a key role in assessing liability. Although the FIS rules are not legally binding, the courts have long treated them as a yardstick of due care and safe behaviour.

The case law of both the Supreme Court and the Supreme Administrative Court repeatedly confirms that breaching the FIS rules can amount to a breach of the general duty to prevent harm. The FIS rules include the following principles:

1. Respect for others: every skier and snowboarder must behave so as not to endanger or harm others on the slope.
2. Speed and manner of skiing: you must always remain in control. Speed and style have to be adapted to your ability, the terrain, the snow and weather conditions, and how busy the slope is.
3. Choice of line: a skier coming from behind is responsible for choosing a safe line and must not endanger those ahead of them.
4. Overtaking: you may overtake on either side, but always leaving enough room to keep the person being overtaken safe.
5. Entering and setting off: when entering the slope or setting off again after stopping, you have to look around and avoid endangering other skiers.
6. Stopping: stopping at narrow or blind spots is not allowed. If you fall, you have to clear the spot as quickly as possible.
7. Moving on foot: when climbing or coming down on foot, you have to keep to the edge of the piste.
8. Signs and signals: every skier is obliged to respect the signs and warning signals on the slope.
9. Conduct in the event of an injury: if there is an injury on the slope, everyone is obliged to give first aid.
10. Proof of identity: those involved in a skiing accident, as well as witnesses, are obliged to give their personal details.

Liability for a slope accident in practice

The courts dealt with the following situation. A skier was coming down the main slope when another skier came hurtling onto it from a joining route, without properly looking around or adapting their skiing to what was happening on the slope. There was a collision, and the skier travelling down the main slope suffered serious injuries. The courts considered his claim for compensation.

The question was what rules the skier joining the main slope was actually supposed to follow, given that the law lays down no special rules of conduct. The courts concluded that every skier has a general duty to prevent harm and must behave so as not to endanger others. Although the FIS rules are not legally binding, in the courts' view they represent a reasonable and generally expected standard of safe behaviour on the slope.

In the case before them, the courts found that the skier who joined the main slope from a side route had breached several FIS rules at once, in particular the duty to look around when entering the slope and to adapt their speed and manner of skiing to the situation on the slope. In doing so, the courts held, they failed to meet their duty to prevent harm and were liable for the injury caused to the injured party's health.

In conclusion

A skier's liability on the slope stems from the general duty to prevent harm. The FIS rules provide a practical standard by which the courts judge whether a skier acted carefully enough. Following these rules is therefore important, even though they are not a piece of legislation. It is not just a matter of sporting etiquette; they are also of fundamental significance for compensation and legal liability in skiing accidents.

Have you suffered, or caused, an injury on the slope? We will help you make your claims for compensation, including for non-material harm, effectively. We can also represent you as the person responsible for the accident, in civil, criminal, and offence proceedings.

We wish you safe skiing on the slopes.