February is traditionally a month when large numbers go on winter holidays. During these busy periods on the ski slopes, there are often complaints about the sometimes reckless behavior of some winter sports enthusiasts. A skiing accident – sometimes serious and even fatal – is not uncommon.
Are there rules on the ski slope that must be observed? Are you taking a risk by going down a slope at full speed?
Yes. If you cause an accident, you can indeed be held liable for the damage you have caused. This also means that you as a victim may be entitled to compensation.
Applicable law
In principle, the legislation of the place where the accident occurred applies.
Even if this were to lead to legal proceedings in Belgium, it would be considered that the law of the place of the accident applies. In Belgium, the legal action for compensation for damage caused by an unlawful act committed abroad is governed by the law of the state where the act was committed, even if the possible perpetrator is a Belgian (Cass. 29 April 1996, C.95.0093.N).
However, there are exceptions in Private International Law that allow parties to voluntarily opt to declare Belgian law applicable.
The FIS Ski Regulations
In addition, the FIS, being the International Ski Federation or the Fédération Internationale de Ski, developed Ski Regulations in 2002 that are regularly updated. These Ski Regulations apply throughout the Alpine region – where the majority of ski holidays take place – and aim to ensure safety on the ski slopes. These rules can here be found.
These regulations, which consist of ten articles, can be summarized as follows:
- Respect for others
A skier or snowboarder must behave in such a way as not to endanger or harm others
- Control the speed and skiing or snowboarding
A skier or snowboarder must move in a controlled manner. He must adapt his speed and his way of skiing or snowboarding to his abilities, the weather conditions, the condition of the slope and the level of traffic.
- The choice of the route to follow
A skier or snowboarder coming from behind (above) must choose his route in such a way that he does not endanger previous skiers or snowboarders.
- To overtake
Overtaking is permitted at both the top and bottom and both left and right, provided that it leaves sufficient distance so that the overtaken skier or snowboarder always has sufficient space to perform voluntary or involuntary maneuvers.
- Getting onto the slopes
A skier or snowboarder entering a slope after stopping or moving uphill must look up and down so that he can enter the slope without endangering himself or others.
- Stopping on the slopes
Unless absolutely necessary, a skier or snowboarder should avoid stopping on the slopes where it is narrow or where visibility is limited. After a fall in such a place, a skier or snowboarder must leave this place as quickly as possible.
- Climbing and descending on foot
A skier or snowboarder who is climbing or descending on foot must be on the side of the slope.
- Respect signs and directions
A skier or snowboarder must respect all signs and directions.
- Staff
If accidents occur, it is the obligation of every skier or snowboarder to offer assistance.
- Identification
Any skier or snowboarder who witnesses an accident, liable or not liable, must exchange their identity information following this accident.
The application in Belgium
There is limited case law in Belgium dealing with an accident on a ski slope (see, among others, Ghent, March 30, 2006, TGR-TWVR 2006, ep. 4, 215).
In most cases, Article 1382 of the Civil Code is applied, which stipulates that the person who commits a wrongful act that causes damage to another person must compensate this damage. There must be damage, a fault and a causal link between the damage and the fault.
The error may consist of violating a certain command or prohibition or of violating the standard of care.
The standard of care considers how a normally prudent and reasonable person would have acted in the same factual circumstances. In other words, the behavior of the person who makes the mistake is compared to a thoughtful skier or snowboarder.
In assessing this standard of care, the rules of the game and in this case the FSI Ski Regulations come into play. It could be argued that a normally careful person would not breach the FSI Ski Regulations. In the event of a violation of the FSI Ski Regulations, it can be judged that the person in question did not act carefully and can therefore be held liable for the damage caused as a result.
Naturally, concrete circumstances must also be taken into account as a result of which a violation of the FSI Ski Regulations does not always result in an error according to art. 1382 BW will lead. Conversely, just because no fault was committed under the FSI Ski Regulations does not mean that a person cannot be held liable for the damage caused. The factual circumstances must be examined in each case.
Nevertheless, it is beyond dispute that the FSI Ski Regulations – which aim to ensure the safety of winter sports enthusiasts – provide an important guideline.
Finally, in many cases the outcome of a case will depend on the available evidence. If you are involved in a skiing accident, it is necessary to collect as much evidence as possible. This may consist of photos of the accident scene, testimonials from bystanders, etc.