Swiss Media has reported that three skiers have been convicted of causing an avalanche which led to the injury of two other skiers.
The avalanche, at Anzere in the Valais region, happened in 2009. The three were initially convicted by a local district court but the initial decision was overturned in the Valais regional court heard an appeal. The latest decision is from Switzerland's highest court, in Lausanne, after the public prosecutor appealed themselves against the Valais court's decision.
The Federal court's decision was in agreement with the original local court's decision, that the three acted irresponsibly by crossing a slope where there were signs warning of avalanche danger. The court apparently took in to account the fact that the trio were experienced off piste skiers, implying that this meant they had a higher responsibility to act more responsibly than if they hadn't known what they were doing and they therefore violated their duty of care.
Reports have not revealed the nationalities of the skiers concerned and the case has now moved back to the district court where it was first heard who will now decide on resulting punishments.
The federal court's decision comes as Switzerland is on high avalanche alert after ski areas reported up to 3.5 metres of snowfall over the past 7 days.
Shortly after the announcement of the court's decision (which was actually made at the end of November) an Italian skier was found dead near Ovronnaz, also in Valais, apparently killed skiing off piste in an avalanche several days earlier.
Different countries have different approaches to responsibility off piste. In Italy for example a law passed in 2009 requires all skiers heading off piste to be equipped with an avalanche beacon, shovel, and probe. Fines are up to €250 if found without the required gear and insurance policies also may be declared invalid. Prior to this there was only a legal need to carry avalanche beacon, shovel, and probe I the avalanche danger was level 3 or above.
Insurance policies also have different levels of coverage with some policies providing no cover at all off piste and others offering insurance to the holder but not public liability insurance covering avalanches caused by the older skiing off piste. Even where they do, there can then be a debate as to whether the policy holder was acting knowingly irresponsibly and this potentially invalidating their policy or in good faith.