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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.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."