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The Austrian Supreme Court recently upheld the decision of the legal accident insurance that an accident that occurred in February 2023 while commuting on an e-scooter could not be considered an accident at work. The reason given is that this means of transport is ‘generally not accepted or safe’.
The claimant explained that he had braked on the wet road, lost control and fell, injuring himself. According to Austrian law, electric scooters, like unicycles, are considered to be ‘trendy sports equipment’ requiring a certain degree of dexterity and whose technical characteristics do not guarantee safe riding.
According to the legal opinion, this accident occurred because of the specific characteristics of the e-scooter (narrow handlebars, small wheels, lack of stability) and not because of a ‘general risk of road accidents’ covered by accident insurers.
The Austrian Institute for Statutory Accident Insurance (AUVA) has stated in a press release that e-scooters increase the risk of accidents and injuries, particularly to the head, back and arms. It therefore recommends wearing protective equipment and, as far as possible, favouring other means of transport such as cycling or public transport, which are less exposed to accidents.
