Law & liability advice

Our ethos of shared responsibility, teamwork and participative leadership is an essential part of our club. Being involved in decisions and learning through shared responsibility is an essential part of becoming safe, confident and independent ski tourers and ski mountaineers. Having a club programme that includes trips led by voluntary leaders, as well as trips by professional guides and instructors, is an essential part of achieving this.

The legal review

Whilst we are a UK-based club, most of our ski touring activity takes place outside of the UK in the Alps, Scandinavia and further afield. As a club, we need to be aware of and follow the legal framework in the countries we visit and ensure that “how we do things” is up-to-date and appropriate.

To help do this, we asked a French legal firm to review liability in the event of a mountain accident in France, Switzerland, Austria, Italy and Norway. The lead lawyer who carried out the review is also a practicing mountain guide, so this is not an abstract legal opinion. It is grounded in an understanding of how decisions are made “on the mountain”.

A copy of the report is attached (see below). The report provides a summary of how the law works, including from recent case law, in the main countries that we go ski touring in. 

The core legal principle is unchanged: liability turns on negligence, and the best defence is always to act as a safe, competent and sensible ski tourer and in a way that is consistent with common mountain practice. 

Case law continues to evolve, and recent convictions across Europe have involved factors such as poor avalanche route choices, inadequate participant assessment, ignoring warning signs and cumulative minor oversights. 

It is hoped that this becomes a resource that all members can use over time.

What this means for our club

The club is preparing a plan for addressing the issues that have been highlighted in the report. More information will be provided in the future. 

Our basic approach is sound - our emphasis on teamwork and shared decision-making, our leader development programme, and our approach to matching participants to appropriate tours are all seen as strengths. 

We need to ensure that club practice and legal requirements do not fall out of step. This means that club practices must continue to evolve and keep pace. We don't need to reinvent how we do things, but we do need to make sure that what we do is properly evidenced and consistently applied.