Duty to ensure safety

Under Austrian law, the duty to ensure safety requires a person who creates, controls or opens an area to guests to take reasonable precautions against foreseeable and avoidable hazards within that person’s sphere of control. It does not require every conceivable risk to be eliminated.

The scope and intensity of the duty depend on the circumstances. The Austrian Supreme Court considers in particular whether guests can recognise and avoid the danger themselves and which protective measures are possible and reasonable. Depending on the place and use, inspections, maintenance, cleaning, lighting, warnings or barriers may be required. Public-law permits and conditions provide an important minimum standard, but they do not replace an assessment of the individual situation.

In hospitality, the protective duty may arise even before an accommodation or catering contract is concluded and may cover access to the premises. It is distinct from innkeeper liability, which primarily concerns liability for property brought into the accommodation under section 970 ABGB. The tourism contracts and liability topic places both concepts in context. After an incident, the guest incident documentation checklist helps organise the condition of the site, warnings, inspections and evidence.