Viennese must pay

Avalanche triggered – 200 euro fine legally binding

A Viennese man allegedly drove into an unsecured slope in February 2023 during a high avalanche warning level. The verdict has now been confirmed by a court of appeal.

The 200 euro fine to which a Viennese man was sentenced in October 2023 at the Pinzgau district court in Zell am See for grossly negligent endangerment of physical safety is now legally binding. The man allegedly skied into an unsecured slope with his son in the Schmittenhöhe ski area on February 3, 2023 when there was a high risk of avalanche and triggered an avalanche. He lost his appeal against the verdict on Wednesday.

Defendant pleaded not guilty
The defendant had pleaded not guilty at the first-instance trial in Zell am See and lodged a full appeal against the verdict. A three-judge panel at the Salzburg Provincial Court confirmed the verdict on Wednesday, as the spokeswoman for the Salzburg Provincial Court, Christina Bayrhammer, announced. "The verdict is legally binding." The grossly negligent triggering of an avalanche had also endangered the son of the accused.

Driving into open terrain despite avalanche warning level 4
The accident happened in open terrain. At the time, there was avalanche warning level four ("large") on the five-point scale. The slab was around 800 meters long and 300 meters wide. The then 44-year-old and his 13-year-old son managed to get out of the slope in time. They were not swept away by the masses of snow and remained uninjured. Members of the piste and mountain rescue team brought the two Viennese skiers back onto the piste from a ditch.

Court reprimands reckless behavior
According to the police, however, the holidaymaker was very unconcerned about the alpine dangers when his identity was established and played down the situation. The Salzburg public prosecutor's office now accused him of behaving recklessly and thereby also endangering the life of his son (who was under the age of criminal responsibility) and other people - such as the emergency services.

However, at the start of the trial on August 23, the man pleaded not guilty. He said in court that he had not triggered the avalanche. There was no avalanche warning level four in the area where he had skied with his son.

The penalty could have been up to three months imprisonment or a fine of up to 180 daily rates. The 200 euro fine imposed is made up of 50 daily rates of four euros each.