Hiking: “At your own risk” – forest owner is not liable for accidents

Dispute over 120,000 euros

Enter at your own risk: court reprimands hikers

A falling rock seriously injured a hiker in Franconian Switzerland. His fight for compensation failed in court.

Hiking is one of the most popular leisure activities among Germans. Many people are drawn to nature for physical activity. However, if you end up in the forests or mountains, you have to be careful. Basically: enter at your own risk.

This comes from a decision of the Higher Regional Court Nuremberg (Az: 16 U 1394/25). This had to deal with the complaint of a hiker who had been injured in the arm by a falling boulder while hiking through Franconian Switzerland.

The hiker then demanded compensation of 120,000 euros. On the one hand, he sued the owner of the forest property where the accident occurred. The hiker argued that he should have taken appropriate precautions and recognized the cracks in the rock that later collapsed when inspecting his property.

On the other hand, the man sued a mountain sports association. This made the path accessible in the first place through signposts and safety measures – which is why it also bears responsibility for the safety of hikers.

But the Nuremberg court viewed the case differently. It made it clear: You generally use the forest at your own risk. Anyone who enters a forest consciously exposes themselves to the dangers typical of the forest.

A forest owner is therefore only liable for atypical, but not typical, forest risks. A rock that breaks off due to weathering, erosion or root growth is a typical natural hazard. The forest owner therefore did not violate his traffic safety obligation.

The fact that the hiking trail is advertised to tourists, is heavily frequented and is surrounded by striking rock formations does not change this.

The lawsuit against the mountain sports association was also unsuccessful. According to the court, this is only responsible for the safety precautions attached to the hiking trail. However, it is not clear that they caused the accident.