Practice areas
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Damages & Liability Law

We review claims for damages, enforce them consistently or defend against them. Whether it is a breach of contract, a breach of a duty of care or accident damage: we bring clarity to complex situations and represent our clients' interests on a sound legal footing and with determination – we tell you frankly how we assess your matter and give you an estimate of the costs.

We assess questions of liability soberly and enforce claims – or consistently defend against unfounded demands.

The law of damages is intended to compensate injured parties for the disadvantages they have suffered. It covers liability for unlawful conduct as well as particular liability situations laid down by statute. We represent injured parties in enforcing their claims, and equally those who are wrongly held liable.

Our services in damages and liability law

  • Assessment of the basis of liability: analysis of the legal and factual situation, a realistic assessment of the prospects of success.
  • Personal injury: compensation for pain and suffering, healing and care costs, loss of earnings, disfigurement compensation, claims of surviving dependants.
  • Property and financial loss: repair costs, diminution in value, lost profit.
  • Road traffic accidents: dealing with the other party's liability insurer, questions of contributory negligence, loss of earnings.
  • Professional liability: claims against experts, planners and advisers under § 1299 ABGB.
  • Defending against claims: defence strategy, plea of limitation, review of contributory negligence and the duty to mitigate loss.
  • Out-of-court settlement: negotiation with insurers, settlement instead of proceedings, where that makes better economic sense.

Special heads of liability under the ABGB

In addition to general fault-based liability, the General Civil Code (ABGB) contains its own rules for typical hazard situations:

  • Expert liability (§ 1299): anyone who claims special expertise for themselves is liable for applying it carefully – for example in the case of defective reports or advice.
  • Liability of the occupier of a dwelling (§ 1318): for damage caused by objects falling, or dangerously hung or stored.
  • Liability for structures (§ 1319): for damage caused by the collapse or detachment of parts of a building due to a defective condition.
  • Liability of the party responsible for a path (§ 1319a): for traffic safety on paths, roads and pavements, for instance where snow has not been cleared.
  • Liability of animal keepers (§ 1320): with the burden of proof reversed against the keeper.

Securing evidence before it disappears

Damages proceedings are almost always decided on the evidence, not on the legal question. Photographs of the scene, witnesses' contact details, medical findings from the same day, weather records in slip-and-fall cases – weeks later much of this can often no longer be obtained. We therefore recommend seeking legal advice immediately after the event, even before the extent of the damage is established. Where necessary, we arrange for judicial preservation of evidence.

Representation in Salzburg

Depending on the amount in dispute, damages cases are heard by the district court or the Regional Court of Salzburg; in traffic accident cases, much initially runs through the other side's liability insurer. We take over the entire correspondence so that you can concentrate on your recovery, and go to court where the insurer does not settle appropriately. Tell us what happened – you will get a candid, unvarnished initial assessment.

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Frequently asked questions

What are the requirements for a claim in damages?

What are the requirements for a claim in damages?

Four elements must come together: damage to property, rights or the person; causation of that damage by the conduct of the party responsible; the unlawfulness of that conduct; and fault, meaning intent or negligence. In addition, Austrian law recognises strict liability, where fault is irrelevant – for example under the Railway and Motor Vehicle Liability Act or the Product Liability Act.

How much is compensation for pain and suffering in Austria?

How much is compensation for pain and suffering in Austria?

Compensation for pain and suffering (Schmerzengeld) offsets physical and emotional harm. It is assessed by duration and intensity, categorised into light, moderate and severe pain periods established by medical assessment. There are no fixed tables, but settled case law provides guideline amounts per day of pain. Under Austrian case law, compensation can also cover the emotional suffering of close relatives – as shock or bereavement damages after serious accidents. Healing costs, loss of earnings, care costs and any disfigurement compensation are payable separately.

How long can I claim damages?

How long can I claim damages?

The short limitation period is three years from knowledge of the damage and the party responsible (§ 1489 ABGB), with an absolute limit of 30 years. Where damage is ongoing or late consequences are possible, a declaratory action can be useful to interrupt limitation for future losses that cannot yet be quantified. Anyone who waits risks losing the claim in full.

Who is liable if I fall on an uncleared pavement?

Who is liable if I fall on an uncleared pavement?

Under § 1319a ABGB, the party responsible for the path is liable for its defective condition, but only in the case of gross negligence. In addition, property owners in Austria have a duty to grit and clear adjoining pavements. Whether liability arises in the individual case depends on the weather, the time of day and the effort that could reasonably be expected – securing evidence immediately after the fall is decisive.

My dog caused damage – am I liable?

My dog caused damage – am I liable?

Under § 1320 ABGB, the keeper of an animal is liable unless they prove that they arranged for the necessary custody and supervision. The burden of proof is therefore reversed against the keeper. How strict the standard of care is depends on the size and dangerousness of the animal and on the situation – more is required in a built-up area than on a fenced property.

What should I do immediately after a road traffic accident?

What should I do immediately after a road traffic accident?

Stop, secure the scene, attend to the injured – where there is personal injury, the police must be notified. For pure property damage, exchanging identities with those involved is enough; if that does not happen, the police must be called, otherwise an administrative penalty for leaving the scene of an accident looms. Photograph the vehicles' positions, the damage and any marks, note down witnesses, and do not sign any acknowledgement of fault at the scene. Have injuries – even seemingly minor ones – documented by a doctor on the same day: the initial findings later carry the whole claim.

Last reviewed August 2026

This overview is general in nature and does not replace advice on an individual case. We research carefully; even so, errors cannot be ruled out and the law keeps changing. Binding information is given in a personal consultation.

Questions about damages & liability law?

Tell us about your case – we will give you a candid assessment and a clear picture of the cost.

Arrange an initial consultation
+43 662 26033