Who Is Responsible for Safety in the Mountains – Yourself, Friends, or a Professional?

When we venture into the mountains, we always take on a certain level of risk. However, the legal responsibility for the consequences of potential accidents varies significantly depending on whether we go alone, with friends, or under the guidance of a professional. If we choose a commercial activity with a mountain guide or leader, instructor, or travel agency, this professional assumes responsibility for our safety, including legal liability. Conversely, during private trips organized by ourselves or with friends, we typically bear the responsibility ourselves.

Media often report on accidents involving Czech tourists and athletes in the mountains – whether they are hikers, climbers, skiers, or ski mountaineers. These incidents usually occur during self-organized trips. In such cases, responsibility for the consequences lies mostly with the individuals, as they voluntarily accepted the risks associated with mountainous terrain. Exceptions may include situations where one participant fails to follow recommended practices or rules recognized for a specific sport, such as FIS rules or climbing methodology leading to personal injury to another person. It is because those rules are considered as a specification of the general duty to prevent injury.

On the other hand, if an accident occurs during a trip organized by a professional, the legal situation is different. The professional, whom we paid for their services, is as a rule obliged to ensure our safety and adhere to professional and safety standards. In the event of an accident, they can only avoid liability if the client caused the incident themselves, for example, by ignoring instructions, or if the accident resulted from an unforeseen event that could not have been anticipated or prevented. All professionals operating in mountain environments are therefore expected to have liability insurance.

Unfortunately, there have been cases in practice where poorly guided tours led to tragic consequences. In one recent case where we represented the families of the deceased, the court ruled that responsibility lay not only with the organizer but also with the individuals who led the tour without the required qualifications mandated by law.

Our attorney, Klára Dvořáková, who serves as a Chair of the Legal Commission of the International Mountaineering Federation and holds the qualification of an international mountain leader, has long been dedicated to this issue from the perspective of both non-commercial events, such as those organized by sports clubs, and professional activities. Safety in the mountains is also linked to our other specializations, including educational law, travel law, and compensation for damages.