Ski Season 2025 – all Claims in Case of a Ski Accident
The 2025 ski season is already in full swing. You can find out here at Finanz & Recht | AT what claims you are entitled to in case of a ski accident.
Dr Mariella Stubhann MPM MBAFinanz & Recht „perfekt alles“
Claims after a Ski Accident
In case of a ski accident or snowboard accident in Austria, Austrian law is applicable in almost all cases. Therefore, all claims of all involved persons are to be examined according to Austrian law. This is only different if the person causing the accident and the accident victim have their residence in the same foreign country.
In case of a ski accident, compensation claims may exist for
- Pain
- Property damage
- Rescue costs
- Medical costs
- Frustrated expenses
- Loss of earnings
- Lump sum expenses
The liability for these claims lies with the person who caused the accident culpably and unlawfully. Anyone who wants to enforce these claims as an accident victim or defend against them as the person causing the accident must do everything right from the start.
In accidents involving bodily injuries, the police always investigate the course of the accident. Even small mistakes in the statement can lead to expensive consequences.
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The compensation for pain and suffering is intended to compensate the injured person for both the pain and discomfort already caused by the ski accident and all consequential and late damages that will only occur in the future.
The amount of compensation for pain and suffering is calculated using daily rates, distinguishing between mild, moderate, and severe pain. These are awarded in different amounts in various court districts.
For example, the Regional Court of Salzburg would likely award compensation for pain and suffering of approximately EUR 5,520.00 for an injury involving 3 days of severe pain, 8 days of moderate pain, and 21 days of mild pain.
Property damage
Property damage includes the costs for replacement or repair of items that were destroyed or damaged in the ski accident. Property damage, such as ski equipment damaged in the ski accident, must also be compensated.
The claim for damages serves to provide the injured party with compensation for the disadvantages suffered. When used items, such as old ski equipment, are damaged, the “new for old” issue arises. For heavily used items, it may be that only the current value of the damaged item is compensated.
Rescue costs
The rescue costs include the costs of rescue from the accident site. If a helicopter rescue is necessary due to a ski accident, the injured person can also claim these costs from the person who caused the accident.
ATTENTION: If the rescue costs were reimbursed by an insurance company, the related claims against the person causing the damage are transferred to the insurance company.
Medical costs
The medical costs include the costs for treatments, medications, medical aids and travel to treatments.
ATTENTION: If the services were provided by the social insurance provider, the related claims against the person causing the damage are transferred to the social insurance provider.
Frustrated expenses
Frustrated expenses are all expenses that were not caused by the ski accident itself, but have become useless due to the ski accident. The accident victim is entitled to compensation for frustrated expenses.
The claim for compensation of frustrated expenses includes, among others, the costs of the no longer needed hotel room, travel costs of a vacation that can no longer be consumed as well as cancellation fees.
Loss of earnings
The loss of earnings includes all damages to the accident victim due to a reduction or loss of earning capacity.
If the accident victim suffers a loss of earnings due to the ski accident, the person causing the accident must compensate for the loss of earnings.
The loss of earnings must be compensated by the person causing the accident even in case of slight negligence.
Lost Profit
Loss of profit always occurs when the injured party loses a future opportunity that was already largely certain to happen.
The failure to receive an impending, but not yet finalized professional promotion at the time of the ski accident constitutes a loss of profit if the accident victim is no longer able to perform the higher-paid job due to permanent injuries.
The loss of profit must be compensated by the accident perpetrator in case of gross negligence.
Lump Sum Expenses
The lump sum expenses serve to compensate for all other expenditures incurred by the injured party due to the ski accident. This particularly includes the time spent dealing with the consequences. Examples include expenses for police interrogation.
Under the title “Lump Sum Expenses“, up to €200.00 is typically awarded, unless higher costs are proven.
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