Legal & liability review

The legal review

Whilst we are a UK-based club, most of our ski touring activity takes place outside of the UK. As a result, our ski touring activities are governed by different legal regimes depending on where they take place.

To help maintain the club's awareness of those regimes, we asked a French legal firm to provide a factual account of the law and how it operates 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”.

Whilst the club does not provide legal advice, members are welcome to review the report which is attached (see below). The report provides a summary of how the law works, including from recent case law, in the main countries we go ski touring in. The report has been produced for the use of the Eagle Ski Club and its members only, and members are asked not to share it outside the club.

In summary, 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. However, the core legal principle remains the same: liability turns on negligence. 

Managing the risk

Members may wish to think about legal risk in the same way as any other risk we encounter in the mountains. Risk is always present and by acting sensibly we can do a lot to protect ourselves and keep the risk to an acceptable level. But we are never going to be able to remove the risk completely.

A perspective which might be helpful is a comparison with driving a car. That is an everyday activity but it is one which has potentially lethal consequences. As a result, there are lots of laws which potentially apply: you can be prosecuted for drink driving, careless driving, dangerous driving, using your phone, speeding, etc. But that doesn't stop people from driving, and it doesn't mean we have to worry about the law every time we get behind the wheel. If we drive abroad, we must follow the laws that apply in the country that we're driving in. The best way of avoiding getting prosecuted is to be a good driver and act sensibly.

The same approach is true when we go ski touring and ski mountaineering. Members are encouraged to continue to act as safe, competent and sensible ski tourers and always to bear in mind their own and their companion's abilities and equipment, and the conditions they are skiing in. Our ethos of shared responsibility, teamwork and being involved in decisions "on the mountain" is an essential part of this.