Owner liability is one of those manslaughter arguments with which landowners hope to exclude mountain bikers from their woodland forever. The idea is that they will be held liable if a mountain biker falls and injures themselves on a path that crosses their land. A path used by mountain bikers, possibly with jumps in it, thus becomes a potential million-dollar grave, according to the fear of the landowners.

However, this fear has nothing to do with the legal reality in Switzerland.

Schweizmobil has published a liability guide. In it, experts clarify what responsibility mountain bikers bear and when the landowner is actually liable in the event of an accident resulting in damage.

"Atypical, fall-like dangers"

To cut a long story short: Only in the case of "atypical, trap-like dangers" that cannot be recognized even when riding carefully are bikers themselves not liable - perhaps. This refers to dangers such as rotten railings, bridges in danger of collapsing, unstable sections of trail (e.g. due to undercutting). In short, only what only experts can recognize with the naked eye can be an atypical danger or an unintentionally created biker trap.

A propos traps: Mountain bikers ride on wild, unauthorized trails that they have created or broken in themselves at their own risk anyway. Nevertheless, biker traps are not permitted. Anyone who sets up wires, nail boards or similar dangerous installations is liable to prosecution. However, this only helps the biker if it is clear who set the trap. If the author cannot be identified, mountain bikers cannot hold anyone liable for the injury they have suffered.

A trap-like hazard can also be a trail crossing if the wire is not also made visible. A hose or pipe across a path, on the other hand, does not pose a trap-like hazard according to the experts. If watering is being carried out nearby, it is therefore advisable to look out for the associated fire hose as a precaution.

If someone sets a trap on a legally rideable path, the owner (or other responsible party) is only obliged to remove these hazards as part of the usual path inspections or upon notification from path users. The legal situation for the trapper is the same, regardless of whether he sets up the hidden obstacle on a legal or illegal path.

Timbering work presents a special situation. Owners or forestry companies must ensure that nobody enters the danger zone. This also applies to unauthorized trails. The danger zone must be checked particularly closely when felling a tree.

Mountain bikers must always be able to stop on sight

In practice, everything else remains the responsibility of the mountain biker. It is important to note that trails are legally considered roads and everyone must ride in such a way that they can stop within sight. It is also forbidden to endanger other users - pedestrians (have right of way) as well as other mountain bikers.

It is also the biker's responsibility to only ride on paths for which they have the necessary riding skills and to dismount in good time before they lose control. Branches on the path, slippery spots or oncoming traffic suddenly turning a corner are not atypical, trap-like dangers, but are obstacles and situations that cyclists must expect at all times.

Even if pedestrians stray onto a constructed and signalized bike route, bikers must show consideration "wherever possible". The logic can be seen in the reverse conclusion: even if pedestrians have no business on a bike route, they must not be deliberately ridden over.

If a biker collides with an agricultural or other motor vehicle, the person at the wheel is liable, except in the case of gross negligence on the part of the biker. Compulsory motor liability insurance usually covers the damage. However, if a biker crashes into a tractor on a farm with a no-passing zone, gross negligence can be claimed. The biker is then liable.

In summary, it can be said that mountain bikers are liable for practically everything they do on their bikes. They must behave accordingly when riding.

Where owners are liable (rarely) and where not (often)

On the other hand, it should be emphasized that owner liability is extremely rare and is only used as an argument against tolerating mountain bikers in exceptional cases. To help you think: What is also a trap-like danger for pedestrians - collapsed buildings, unstable paths - is also a danger for people on mountain bikes and is the responsibility of the owner.

The requirements for signposted bike paths and built routes are higher. These are legally a work of art and the owner is liable as the owner of the work. However, this can be transferred to the operator - for example an operator association. "MTB trails are infrastructure that must be built and maintained professionally," writes Schweizmobil.

Higher requirements apply to commercially operated trails, such as those in bike parks. Daily checks can be assumed here as well as in ski resorts - in contrast to volunteer trail operators. According to Schweizmobil, their inspection activities must be geared towards maintenance requirements. This certainly applies to wooden structures in particular.

In principle, the personal responsibility of mountain bikers applies again on community trails operated by volunteers: So it's better to ride a little ahead so you can stop before the fallen tree. And if the wallride is wobbly, you should report this to the operator immediately.

Documents on this

• Liability guide Switzerland Mobile (PDF, 31 pages)
• A handy summary from Bikernetzwerk (blog post)