Blog
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.
More articles:
Markéta Poledníková
Markéta Poledníková
"I was extremely satisfied with the services provided by Holubová advokáti. The collaboration was always professional, systematic, and attentive to detail. At the same time, I greatly appreciated their human and personal approach. Everything was explained to me clearly, I had ample opportunity to ask questions, and I felt a genuine interest in resolving my situation. In my view, the combination of expertise and personal care is exactly what one should expect from legal services. I can wholeheartedly recommend them."
Martin Herna
Martin Herna
"I would like to take this opportunity to express my sincere gratitude to the law firm Holubová advokáti s.r.o. for their professional yet genuinely compassionate approach in an exceptionally difficult period of my life.
The firm successfully represented me in a dispute with my health insurance company concerning reimbursement for a medication that enables me to actively fight an oncological illness and has already begun to show positive treatment results.
From the very outset, I felt a high level of expertise, thoroughness, and a genuine interest not only in the case itself but also in the person behind it. All legal steps were explained clearly and comprehensibly, and the communication was factual, calm, and supported by clear arguments. In a time of great uncertainty, this provided me with a much-needed sense of reassurance and trust.
My special and greatest thanks go to JUDr. Klára Dvořáková, whose commitment, precision, and empathy meant more to me than can be conveyed in just a few sentences. Her work was not only highly professional but also marked by human sensitivity and deep respect for the seriousness of the situation.
I can wholeheartedly recommend this law firm to anyone seeking top-tier legal assistance combined with a truly human approach."
Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."