One person was killed in an avalanche in Saas-Fee over the weekend. Because the accident occurred on a marked slope, it has become a legal matter. The lawyer classifies.
SRF News: If a slope is open and is classified as safe, who is liable if someone gets injured anyway?
Felix Bommer: I can’t comment on the specific case, but only in general. In principle, the mountain railway company is liable on an open slope that is buried by an avalanche. And you have to differentiate.
Because one person died, it is negligent homicide.
From a criminal law perspective, it is not the company that is liable, but rather the person in the company who is responsible for the safety of the slopes. This is usually the slope and rescue chief or, if the two functions are separate, the slope chief.
Nobody can guarantee that an avalanche will not occur, even on a marked slope. What obligations must be fulfilled so that one does not commit a criminal offense?
The question is: was this avalanche foreseeable? This is the crucial question for every negligence crime. Because one person died, this case is a case of negligent homicide. Liability for negligent homicide requires that a duty of care has been breached. And the duty of care is violated if it was foreseeable that an avalanche could roll down this slope.
Legend:
According to police reports, the buried skier was on a piste traverse in the Kreuzboden-Hohsaas ski area. (symbol image)
Symbol image/Imago/Pond5 Images
And what would be the criminal consequences if convicted?
If convicted under Article 117? This is negligent homicide. The criminal law threatens a prison sentence of up to three years or a fine.
The liability of the cable car company extends to open slopes.
The public prosecutor’s office, together with the police, is currently examining whether to open criminal proceedings. What exactly is being checked?
This is where we check whether there are any signs that this avalanche could have been predicted. And if that had been the case, the runway would have had to be closed. However, the public prosecutor’s office will not be able to answer this question on its own authority; instead, an expert opinion will be required on a regular basis.
Normally, avalanche deaths or injuries are recorded away from the marked piste. What does liability look like off the marked piste?
The liability of the cable car company or those responsible for it extends to the slopes that are open. Not on closed slopes. If in our example the piste had been closed and someone had ignored this closure and still skied on the piste and had an accident, then that would no longer be a problem for the cable car company or for those responsible for your safety.
The interview was conducted by Marc Allemann.