Tort Liability in Switzerland

Fault-Based Liability (art. 41 CO)

Four cumulative conditions: unlawful act (breach of duty of care or violation of an absolute right), fault (intentional or negligent - claimant bears burden of proof), damage (patrimonial diminution: loss suffered and lost profit), causation (natural and adequate).

Strict Liability

Building owner (art. 58 CO): liable for construction defects or maintenance failure, regardless of fault. Animal keeper (art. 56 CO): liable unless proving all required diligence. Motor vehicle holder (art. 58 SVG): aggravated strict liability, even without fault, except force majeure or victim's gross fault. Employer (art. 55 CO): liable for employees' damage unless proving all necessary precautions.

Compensable Damage

Patrimonial: medical costs, lost earnings, repair costs, depreciation. If exact amount cannot be established, court fixes equitably (art. 42 para. 2 CO). Moral damages (art. 49 CO): compensation for non-patrimonial harm (pain, suffering, quality of life impact) when gravity justifies it.

Reduction (art. 43-44 CO)

Court may reduce compensation considering circumstances (art. 43 CO), including victim's consent or contributory conduct (art. 44 CO).

Prescription (art. 60 CO, revised 2020)

Three years from knowledge of damage and responsible person (relative). Ten years from harmful act (absolute). Twenty years for bodily harm (art. 60 para. 2 CO).