Fachanwalt SAV Haftpflicht- und Versicherungsrecht study materials

Fachanwalt SAV Haftpflicht- und Versicherungsrecht practice questions

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Question 1Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 41 para. 1 of the Swiss Code of Obligations (OR), which of the following sets represents the four cumulative statutory requirements that a claimant must establish to succeed in a general tort fault-liability claim?

Financial damage (Schaden), objective or subjective illegality (Widerrechtlichkeit), natural and adequate causal nexus (adäquater Kausalzusammenhang), and fault (Vorsatz oder Fahrlässigkeit) Correct answer.
Financial damage, gross breach of a contractual obligation, immediate spatial proximity, and debtor default
Personal injury, strict operational endangerment (Betriebsgefahr), absence of force majeure, and lack of justification
Pecuniary loss, breach of an absolute right, commercial intent to profit, and vicarious liability of a principal

Explanation

General tort liability under Art. 41 para. 1 OR requires four cumulative conditions: (1) damage (Schaden, evaluated under the difference theory), (2) illegality (Widerrechtlichkeit, as Erfolgsunrecht for absolute rights or Verhaltensunrecht via breach of a protective norm for pure economic loss), (3) natural and adequate causation (Kausalzusammenhang), and (4) fault (Vorsatz oder Fahrlässigkeit).

Question 2Swiss liability and insurance law: separate liability, loss, cover and recourse

According to established Swiss Federal Supreme Court jurisprudence (BGE 132 III 359), how is legal damage (Schaden) defined and measured under the difference theory (Differenztheorie)?

As any moral and emotional grievance experienced by the injured party regardless of monetary impact
As the mathematical difference between the current actual financial position of the injured party's assets and the hypothetical financial position those assets would have had absent the damaging event Correct answer.
As the total replacement cost of damaged goods without deduction for depreciation or prior wear and tear
As the standardized flat-rate tariff compensation specified in the cantonal civil court fee schedule

Explanation

Under the difference theory (Differenztheorie), damage is defined as an involuntary reduction in net assets (Vermögensverminderung), consisting of a decrease in assets (damnum emergens), an increase in liabilities, or lost profit (lucrum cessans), measured as the difference between the actual and hypothetical asset state (BGE 132 III 359, BGE 131 III 360).

Question 3Swiss liability and insurance law: separate liability, loss, cover and recourse

In Swiss tort doctrine, pure economic loss (reiner Vermögensschaden) does not result from an infringement of an absolute right (life, bodily integrity, property). Under which condition is such pure economic loss deemed objectively illegal (widerrechtlich)?

Whenever the tortfeasor acted with slight negligence during commercial negotiations
Only if the claimant proves that the tortfeasor was insured under a comprehensive third-party liability policy
Only if the harmful conduct violates a specific protective legal norm (Schutznorm) designed to safeguard the claimant's financial assets against that particular type of loss Correct answer.
Whenever the economic loss exceeds the threshold of CHF 50,000

Explanation

Under the objective doctrine of illegality (objektive Widerrechtlichkeitstheorie), bodily injury and property damage are inherently unlawful (Erfolgsunrecht). Pure economic loss is only unlawful if caused by conduct that breaches a statutory rule of conduct specifically intended to protect the injured party against asset depletion (Verhaltensunrecht via Schutznorm, e.g., fraud under StGB 146 or bankruptcy provisions; BGE 133 III 323).

Question 4Swiss liability and insurance law: separate liability, loss, cover and recourse

What is the legal standard applied by the Swiss Federal Supreme Court to determine whether natural causation qualifies as adequate causation (adäquater Kausalzusammenhang) in tort law?

Whether the event was the sole and exclusive physical trigger of the damage without any contributing factors
Whether a reasonable person in the defendant's position subjectively foresaw the exact sequence of events
Whether the damaging outcome occurred within a 24-hour window following the initial tortious conduct
Whether, according to the ordinary course of things and the general experience of life, the conduct was inherently capable of producing an outcome of the kind that occurred Correct answer.

Explanation

Adequate causation (adäquate Kausalität) is an objective legal evaluation: an act is an adequate cause of damage if, according to the ordinary course of things and general human experience (nach dem gewöhnlichen Lauf der Dinge und nach der allgemeinen Lebenserfahrung), it was generally capable of causing or significantly favoring a result of the kind that occurred (BGE 143 III 242, BGE 132 III 715).

Question 5Swiss liability and insurance law: separate liability, loss, cover and recourse

Under what circumstances does an extraordinary intervening event cause an interruption of the causal chain (Unterbrechung des adäquaten Kausalzusammenhangs) under Swiss tort law?

When an unforeseeable, totally extraordinary co-operating cause (such as gross third-party fault, gross victim fault, or force majeure) occurs and has such overpowering intensity that the original act is relegated to insignificance Correct answer.
Whenever the injured party engages in any slight degree of contributory negligence
Only when the intervening third party is criminally convicted of intentional homicide
Whenever the damage occurs on public property rather than private premises

Explanation

An interruption of the adequate causal nexus (Kausalitätsunterbrechung) occurs only when an entirely extraordinary, unforeseeable event (force majeure, gross third-party fault, or gross self-fault) operates with such overpowering causal force that the defendant's original contribution is pushed into the background and ceases to be legally relevant (BGE 130 III 182, BGE 127 III 453).

Question 6Swiss liability and insurance law: separate liability, loss, cover and recourse

In Swiss liability law, what defines 'force majeure' (höhere Gewalt) and distinguishes it from ordinary bad weather or operational chance (Zufall)?

Any severe storm causing more than CHF 10,000 in property damage across a municipality
An extraordinary, completely unforeseeable external natural event of overwhelming force that could not have been prevented or averted even by exercising the utmost care reasonably to be expected Correct answer.
Any sudden mechanical failure occurring in equipment that was inspected within the preceding 12 months
Any government-mandated administrative lockdown regardless of the underlying legal authority

Explanation

Force majeure (höhere Gewalt) requires an external, completely extraordinary, unforeseeable, and unavoidable catastrophic natural or human event whose consequences could not have been prevented even with the highest diligence (BGE 131 III 115, BGE 112 II 138). Ordinary heavy rain, seasonal frost, or operational machinery failures are normal operational hazards (Zufall), not force majeure.

Question 7Swiss liability and insurance law: separate liability, loss, cover and recourse

A pedestrian is unlawfully attacked by an assailant wielding a weapon. The pedestrian defends himself with a physical blow, breaking the assailant's arm. Under Art. 52 para. 1 OR, what is the legal effect of legitimate self-defense (Notwehr)?

The pedestrian remains liable for medical costs under strict causal liability
The pedestrian is liable for half the assailant's damages under comparative fault principles
The pedestrian's act is legally justified (gerechtfertigt) and therefore not unlawful (nicht widerrechtlich), precluding any liability in tort Correct answer.
The pedestrian is exempt from criminal liability but must pay civil compensation determined by equity

Explanation

Under Art. 52 para. 1 OR, an act performed in legitimate self-defense (Notwehr) to ward off an imminent, unlawful attack is legally justified (Rechtfertigungsgrund), provided the defensive reaction is proportionate. Because the act is not unlawful (nicht widerrechtlich), no tort liability arises under Art. 41 OR.

Question 8Swiss liability and insurance law: separate liability, loss, cover and recourse

To avert an imminent explosion threatening multiple human lives, a person breaks into a neighbor's garage and destroys the neighbor's property to obtain fire extinguishers. Under Art. 52 para. 2 OR (Notstand), how is the property damage addressed?

The actor is fully liable for punitive damages due to intentional property destruction
The property owner must bear the entire loss with no right to seek any compensation
The actor's employer is strictly liable under building owner liability (Art. 58 OR)
The act of necessity is justified, but the judge may award fair compensation (richterliche Entschädigung nach Ermessen) to the innocent property owner Correct answer.

Explanation

Under Art. 52 para. 2 OR (Notstand / state of necessity), damaging another person's property to avert imminent greater harm to life or limb is legally justified, but the court determines, at its discretion (nach billigem Ermessen), whether and to what extent the person who averted the danger must pay compensation to the innocent third party.

Question 9Swiss liability and insurance law: separate liability, loss, cover and recourse

A participant in an amateur contact sports tournament suffers a broken tibia during a normal, rule-compliant tackle. On which legal ground is tort liability of the tackling player excluded under Swiss law?

Effective consent and assumption of risk (Einwilligung / Handeln auf eigene Gefahr) within the customary rules and inherent risks of the sport Correct answer.
Statutory immunity under the Swiss Federal Sports Promotion Act
Absence of natural causation between the tackle and the bone fracture
Lack of legal capacity (Urteilsunfähigkeit) of sports participants

Explanation

Participation in sports involves valid consent (Einwilligung) or assumption of risk (Handeln auf eigene Gefahr) covering typical, inherent injuries that occur during rule-compliant play (BGE 134 III 193). As long as conduct does not egregiously breach game rules or civil safety duties (Verletzung der Sportregeln / Sorgfaltspflichten), illegality is negated.

Question 10Swiss liability and insurance law: separate liability, loss, cover and recourse

How does the Swiss Federal Supreme Court define gross negligence (grobe Fahrlässigkeit) in contrast to slight negligence (leichte Fahrlässigkeit)?

Gross negligence requires proving that the actor acted with malicious intent to harm
Gross negligence is the failure to observe the most elementary precautions that would have been obvious to any reasonable person in the same situation ('Das darf einfach nicht passieren') Correct answer.
Gross negligence is defined strictly by reference to a violation of a criminal code felony provision
Gross negligence occurs whenever the financial damages exceed the statutory insurance minimum

Explanation

Gross negligence (grobe Fahrlässigkeit) is characterized as the disregard of fundamental, obvious rules of prudence that would be self-evident to any sensible person in the same circumstances (BGE 119 II 443: 'das darf schlechterdings nicht passieren'). Slight negligence, by contrast, is a minor deviation from the ideal standard of care.

Question 11Swiss liability and insurance law: separate liability, loss, cover and recourse

Two independent individuals simultaneously throw rocks at a shop display window, jointly shattering it. Under Art. 50 para. 1 OR, what is the nature of their external liability towards the shop owner?

Each rock-thrower is liable only for exactly 50% of the glazing invoice
The shop owner must first sue the municipality before claiming from the rock-throwers
They are jointly and severally liable (Solidarhaftung), allowing the shop owner to demand full compensation from either of them Correct answer.
The shop owner can only recover damages if both individuals are convicted in a joint criminal proceeding

Explanation

Under Art. 50 para. 1 OR, where two or more persons have caused damage through a common fault (gemeinsames Verschulden), whether as instigators, perpetrators, or accomplices, they are jointly and severally liable (haften solidarisch). The creditor may demand full payment from any one of them (Art. 144 OR).

Question 12Swiss liability and insurance law: separate liability, loss, cover and recourse

In a multi-party damage scenario where three parties are liable-one under intentional tort (Art. 41 OR), one under contractual breach (Art. 97 OR), and one under strict building owner liability (Art. 58 OR)-how does the internal recourse cascade (Regressordnung) operate under Art. 51 para. 2 OR?

All three parties must contribute exactly equal one-third shares regardless of legal grounds
The strictly liable building owner bears the primary ultimate burden before contractual and intentional tortfeasors
The contractual debtor bears the primary ultimate burden, followed by the strictly liable party, and the intentional tortfeasor last
The intentional fault-based tortfeasor bears the primary ultimate burden (in erster Linie), followed by the contractual debtor, and lastly the party liable under strict objective causal liability (in letzter Linie) Correct answer.

Explanation

Under Art. 51 para. 2 OR, the internal recourse cascade dictates that damages are borne as a rule in the following order: primarily by the person who caused the damage through an unlawful act and personal fault (unerlaubte Handlung), secondly by the person liable under contract without personal tortious fault, and lastly by the person who is strictly liable by operation of law without fault or contract (Kausalhaftende; BGE 137 III 352).

Question 13Swiss liability and insurance law: separate liability, loss, cover and recourse

When an act constitutes both a breach of contract (Art. 97 OR) and an extra-contractual tort (Art. 41 OR), how does Swiss civil law resolve the concurrence of claims (Anspruchskonkurrenz)?

The claimant enjoys genuine concurrence of claims (echte Anspruchskonkurrenz) and may pursue contractual and tort claims cumulatively or alternatively until full satisfaction is obtained Correct answer.
The contractual claim completely extinguishes and consumes the tort claim (Konsumtion)
The claimant is legally barred from citing tort law once a valid contract exists between the parties
The judge must automatically dismiss the action unless the parties agree to convert it into arbitration

Explanation

Under established Swiss doctrine and jurisprudence (BGE 137 III 352, BGE 133 III 323), there is genuine concurrence of claims (echte Anspruchskonkurrenz). An injured party may assert contractual claims (Art. 97 ff. OR) and tort claims (Art. 41 ff. OR) in parallel, taking advantage of whichever regime provides the more favorable rules (e.g., burden of proof or limitation).

Question 14Swiss liability and insurance law: separate liability, loss, cover and recourse

What is the crucial legal distinction between the principal's liability for auxiliary persons under contract law (Art. 101 OR) versus extra-contractual tort law (Art. 55 OR)?

Art. 101 OR requires proof of criminal intent, whereas Art. 55 OR applies to slight negligence
Under Art. 101 OR the principal cannot exonerate himself by proving diligent selection, instruction, and supervision (kein Sorgfaltsbeweis), whereas under Art. 55 OR the principal can escape liability by establishing the fourfold proof of care (Sorgfaltsbeweis) Correct answer.
Art. 55 OR applies only to public sector state employees, whereas Art. 101 OR applies to private companies
Art. 101 OR is subject to a 1-year limitation period, whereas Art. 55 OR has a 30-year limitation period

Explanation

Under contractual auxiliary liability (Art. 101 para. 1 OR), the principal is strictly accountable for the auxiliary's acts within the performance of the obligation; the principal cannot exonerate himself by proving careful selection or supervision (hypothetical fault test). Under extra-contractual principal liability (Art. 55 para. 1 OR), the principal can escape liability by proving due diligence in selection, instruction, supervision, and organization (Sorgfaltsbeweis; BGE 119 II 127).

Question 15Swiss liability and insurance law: separate liability, loss, cover and recourse

Regarding the burden of proof for fault (Verschulden), how does Swiss law allocate the evidentiary burden in a contract claim (Art. 97 para. 1 OR) versus a general tort claim (Art. 41 para. 1 OR)?

In both contract and tort, the court investigates fault ex officio without requiring party proof
In tort, fault is legally presumed; in contract, the creditor must prove the debtor's gross negligence
In a tort claim (Art. 41 OR), the injured claimant must prove the tortfeasor's fault (Art. 8 ZGB / 42 OR); in a contractual claim (Art. 97 OR), the debtor's fault is legally presumed and the debtor bears the burden of exculpation (Exkulpationsbeweis) Correct answer.
The burden of proof is determined entirely by the defendant's commercial registry entry

Explanation

In tort (Art. 41 OR), under the general rule of Art. 8 ZGB, the claimant must prove all liability elements including the defendant's fault. In contract (Art. 97 para. 1 OR), fault is presumed once a breach of contract and resulting damage are established; the defaulting debtor bears the burden of proving that no fault is attributable to him (Exkulpationsbeweis; BGE 130 III 321).

Question 16Swiss liability and insurance law: separate liability, loss, cover and recourse

A victim suffers severe traumatic brain injury following a minor low-speed impact because she had an unusually thin skull (konstitutionelle Prädisposition). How does Swiss tort doctrine treat pre-existing constitutional vulnerability?

The constitutional vulnerability breaks the adequate causal nexus completely, extinguishing all liability
The tortfeasor is immune from liability unless he was medically aware of the victim's thin skull
The victim's health insurer is deemed the sole liable party under strict constitutional assumption of risk
The pre-existing vulnerability does not interrupt adequate causation ('man hat das Opfer so zu nehmen, wie es ist'); however, it may justify a reduction of damages under Art. 44 para. 1 OR if it would have materialized imminently anyway Correct answer.

Explanation

Under the principle 'the tortfeasor takes the victim as found' (das Opfer so nehmen, wie es ist), pre-existing vulnerabilities do not negate adequate causation (BGE 113 II 86). However, if the predisposition constitutes an independent non-liable factor that would have led to disability or loss in any event, it can be taken into account as a reduction factor in assessing damages under Art. 44 para. 1 OR (BGE 131 III 12).

Question 17Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 44 para. 1 OR, what role does the victim's own contributory fault (Selbstverschulden) play in the assessment of tort liability?

It serves as a ground for the court to reduce the compensation awarded or to deny liability entirely, depending on the comparative gravity of the faults Correct answer.
It automatically results in an obligatory 50% flat reduction in every case regardless of circumstances
It has no legal effect unless the victim committed a deliberate criminal act
It transfers the entire claim to the victim's cantonal social welfare office

Explanation

Art. 44 para. 1 OR provides that where the injured party consented to the act, or where circumstances for which that party is responsible contributed to the occurrence or aggravation of the damage, the court may reduce the compensation or refuse to award any compensation at all, weighing the relative gravity of the faults (BGE 130 III 182).

Question 18Swiss liability and insurance law: separate liability, loss, cover and recourse

Under the revised Swiss statute of limitations for tort claims (Art. 60 OR, in force since January 1, 2020), what are the applicable relative and absolute limitation periods for claims arising from bodily injury or death?

1 year relative and 10 years absolute
3 years relative from the date the injured party had knowledge of the damage and the liable person, and 20 years absolute from the date on which the harmful conduct occurred or ceased Correct answer.
5 years relative and 10 years absolute for all types of damage uniformly
2 years relative and 30 years absolute

Explanation

Under Art. 60 para. 1 and para. 1bis OR (revised limitation law 2020), the relative limitation period for all tort claims is 3 years from knowledge of the damage and person of the debtor. For bodily injury and death (Tötung oder Körperverletzung), the absolute limitation period is 20 years from the date of the harmful conduct (Art. 60 para. 1bis OR), whereas for property/financial damage it remains 10 years (Art. 60 para. 1 OR).

Question 19Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 52 para. 3 OR, what are the strict legal conditions for exercising legitimate self-help (Selbsthilfe) without incurring tort liability?

Self-help is permissible at any time if legal proceedings would cost more than CHF 1,000
Self-help is permissible only if authorized in advance by a notarized agreement
Official authority assistance cannot be obtained in time, and self-help is the only means of preventing the frustration of a claim or an essential impediment to its enforcement Correct answer.
Self-help is restricted exclusively to commercial debt collection against non-domiciled debtors

Explanation

Under Art. 52 para. 3 OR (Selbsthilfe), an act of self-help is justified if official state help (polizeiliche oder gerichtliche Hilfe) cannot be obtained in time, and without immediate intervention there is imminent danger that enforcement of the claim will become impossible or substantially impeded (BGE 129 III 535).

Question 20Swiss liability and insurance law: separate liability, loss, cover and recourse

Under the Swiss doctrine of safety duties (Gefahrensatz / Verkehrssicherungspflichten), when does an omission (Unterlassung) constitute an unlawful act (Widerrechtlichkeit) under Art. 41 OR?

Only when the actor is subject to a criminal court supervision order
Whenever the actor witnesses an accident and fails to photograph the scene for evidence
Only if the actor entered into a paid bilateral service agreement with the victim
When a person creates or maintains a dangerous state of affairs (Gefahrenzustand), obligating that person to take all reasonable and technically feasible precautions to prevent harm to third parties Correct answer.

Explanation

According to the Gefahrensatz (hazard principle), anyone who creates, controls, or maintains a dangerous situation is under a legal duty of care (Verkehrssicherungspflicht) to take the necessary, technically possible, and economically reasonable safety measures to prevent harm. A failure to act constitutes unlawful omission (BGE 140 III 527, BGE 130 III 182).

Question 21Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 55 para. 1 OR (Geschäftsherrenhaftung), which elements comprise the statutory proof of care (Sorgfaltsbeweis) that an employer/principal must establish to escape liability for damage caused by an employee?

Due diligence in selection (cura in eligendo), instruction (cura in instruendo), supervision (cura in custodiendo), and the provision of suitable enterprise work organization and equipment (cura in organisando) Correct answer.
Proof that the employee held a university degree and clean criminal record
Proof that the enterprise carried at least CHF 5,000,000 in commercial liability insurance
Proof that the employee acted outside standard working hours

Explanation

Under Art. 55 para. 1 OR, the principal's liability is a simple causal liability from which the principal can exonerate himself by proving that he exercised all care indicated by the circumstances in the selection, instruction, and supervision of the worker, as well as in organizing the enterprise (die vierfachen Sorgfaltsbeweise: Auswahl, Instruktion, Überwachung, zweckmässige Arbeitsorganisation; BGE 110 II 456).

Question 22Swiss liability and insurance law: separate liability, loss, cover and recourse

Who qualifies as the 'animal keeper' (Tierhalter) under Art. 56 OR, and how can the keeper exonerate himself from strict causal animal keeper liability?

Only the registered legal owner, who cannot exonerate himself under any circumstances
The person who has actual physical power of disposal (tatsächliche Verfügungsgewalt) over the animal and uses/benefits from it, who can exonerate himself by proving customary diligent custody and supervision or that the damage would have occurred notwithstanding such care Correct answer.
Exclusively the veterinarian treating the animal at the time of injury
Any neighbor residing within 50 meters of the animal's enclosure

Explanation

Under Art. 56 OR, the animal keeper is the person who exercises actual authority and disposition over the animal for their own interest/use (BGE 107 II 269). The keeper can exonerate himself (Sorgfaltsbeweis) by proving that he exercised all customary and proper care in keeping and supervising the animal, or that the damage would have occurred even if such care had been taken.

Question 23Swiss liability and insurance law: separate liability, loss, cover and recourse

What is the nature of building and works owner liability (Werkeigentümerhaftung) under Art. 58 para. 1 OR regarding fault and exoneration?

It is a fault liability requiring proof that the owner acted with deliberate intent
It is a contractual liability requiring a pre-existing lease agreement
It is a strict objective causal liability (einfache Kausalhaftung ohne Sorgfaltsbeweis); the owner cannot escape liability by proving that he exercised due care in maintaining the work Correct answer.
It is a criminal penalty enforced exclusively by cantonal building inspection authorities

Explanation

Building owner liability under Art. 58 para. 1 OR is a strict causal liability without the possibility of an exculpatory proof of care (Kausalhaftung ohne Sorgfaltsbeweis). If a defect in construction or maintenance (Werkmangel) causes damage, the registered owner is liable regardless of personal fault or lack of diligence (BGE 130 III 736).

Question 24Swiss liability and insurance law: separate liability, loss, cover and recourse

How is a 'defect in the work' (Werkmangel) defined under Art. 58 OR in Swiss jurisprudence?

Any building that does not meet the latest Swiss architectural aesthetic standards
Any structure that fails to withstand a meteor impact
A work that does not have private building insurance coverage
A condition where the work, when used in accordance with its intended purpose, does not offer the degree of safety that users are legitimately entitled to expect Correct answer.

Explanation

A work has a defect (Werkmangel: fehlerhafte Anlage, Herstellung oder mangelhafter Unterhalt) when it does not provide the safety that can reasonably be expected for its customary and intended use (bestimmungsgemässer Gebrauch; BGE 130 III 736, BGE 126 III 145). The owner must guard against foreseeable risks, though not against gross misuse.

Question 25Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 333 of the Swiss Civil Code (ZGB), how does the liability of the head of the household (Familienoberhaupt) operate when a minor child causes damage to a third party?

The head of household is liable under strict causal liability unless he proves that he exercised the customary and reasonable degree of supervision required by the specific circumstances and the child's age/character Correct answer.
The head of household is automatically and unconditionally liable for all acts of the child without any possible defense
The minor child is solely liable, and parents can never be held responsible in civil court
Liability arises only if the parents signed an explicit guarantee in favor of the victim

Explanation

Art. 333 para. 1 ZGB imposes a causal liability on the head of household for damage caused by minors or persons under curatorship living in the household. The head of household can exonerate himself by proving that he exercised customary, attentive, and reasonable supervision tailored to the child's age, maturity, and character. The exculpation is judged strictly, and the duty of supervision is measured against what an attentive household head could reasonably be expected to do in the circumstances.

Question 26Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 58 para. 1 of the Swiss Road Traffic Act (SVG / LCR), what is the legal foundation and scope of the motor vehicle keeper's liability (Motorfahrzeughalterhaftung)?

Fault-based contractual liability arising from the issuance of the vehicle registration document
Strict endangerment liability (Gefährdungshaftung) based on the characteristic operational risk (Betriebsgefahr) of the motor vehicle, attaching to the keeper regardless of personal fault Correct answer.
Criminal liability for traffic infractions committed within the municipal territory
Subsidiary surety liability that only takes effect if the driver declares personal bankruptcy

Explanation

Art. 58 para. 1 SVG establishes a strict endangerment liability (Gefährdungshaftung) for the motor vehicle keeper (Halter). Liability arises from the realization of the operational risk (Betriebsgefahr) when a person is killed, injured, or property is damaged through the operation of a motor vehicle, without requiring any fault on the part of the keeper (BGE 129 III 102).

Question 27Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 59 para. 1 SVG, what are the strict cumulative statutory requirements for a motor vehicle keeper to be completely exonerated from liability for an accident caused by the operation of the vehicle?

The keeper must prove that the vehicle was manufactured in Switzerland and maintained annually
The keeper must prove that the driver was sober and had held a driver's license for over 10 years
The keeper must prove that the accident was caused by force majeure (höhere Gewalt) or by the gross fault of the injured party or a third party, AND that neither the keeper nor any person for whom he is responsible committed any fault, AND that no technical defect contributed to the accident Correct answer.
The keeper must prove that the victim was jaywalking and had no pedestrian insurance

Explanation

Under Art. 59 para. 1 SVG, complete exoneration requires three cumulative elements: (1) proof of force majeure, gross victim fault, or gross third-party fault; (2) proof that no fault is attributable to the keeper or persons for whom he is responsible (drivers/auxiliaries); and (3) proof that no defective condition of the vehicle contributed to the damage (BGE 124 III 182).

Question 28Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 65 para. 1 and para. 2 SVG, what key protection is granted to an injured traffic accident victim in pursuing compensation from the motor third-party liability insurer?

The victim receives an automatic state pension regardless of actual injury
The victim can only claim if the policyholder gives written consent to the settlement
The insurer can deny coverage to the victim whenever the policyholder failed to pay the premium
The victim has a direct right of action (direktes Forderungsrecht) against the insurer within the policy limits, and the insurer cannot assert defenses arising from the insurance contract (e.g., drunk driving or gross negligence) against the victim (Einredeausschluss) Correct answer.

Explanation

Art. 65 para. 1 SVG grants the injured party a direct statutory right of action (direktes Forderungsrecht) against the motor liability insurer. Under Art. 65 para. 2 SVG, defenses based on the insurance contract or the VVG (such as intoxication or failure to pay premiums) cannot be raised against the injured third party (Einredeausschluss); the insurer must pay the victim and may only seek internal recourse against the policyholder under Art. 65 para. 3 SVG.

Question 29Swiss liability and insurance law: separate liability, loss, cover and recourse

In a two-car collision where both drivers were slightly negligent, how is the internal apportionment of damage between the two motor vehicle keepers resolved under Art. 61 SVG?

The damages are apportioned taking into account all circumstances, in particular the comparative degree of fault of each driver and the respective operational risks (Betriebsgefahren) of the involved vehicles Correct answer.
Both keepers are barred from recovering anything from one another
The driver operating the heavier vehicle must bear 100% of all damages automatically
Each insurer pays only its own insured driver under mandatory knock-for-knock rules

Explanation

Under Art. 61 para. 1 and para. 2 SVG, when property or personal damage occurs in a collision between multiple vehicles, the damage is divided between the keepers considering all circumstances, primarily the relative severity of fault of the persons involved and the inherent operational risks (Betriebsgefahr) of the vehicles (BGE 123 III 274).

Question 30Swiss liability and insurance law: separate liability, loss, cover and recourse

An unidentified hit-and-run driver knocks down a pedestrian in Zurich and escapes without being traced. To which Swiss institution can the injured pedestrian submit a statutory compensation claim for personal injury?

The Swiss Federal Department of Foreign Affairs (EDA)
The National Guarantee Fund (Nationaler Garantiefonds Schweiz, NGF) under Art. 76 SVG Correct answer.
The Swiss National Bank (SNB)
The cantonal civil protection agency (Zivilschutz)

Explanation

Under Art. 76 SVG, the National Guarantee Fund (Nationaler Garantiefonds Schweiz / NGF) covers personal injury and property damage (subject to statutory deductibles) caused in Switzerland by unidentified or uninsured motor vehicles, ensuring that hit-and-run victims are not left without compensation.

Question 31Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 2 of the Swiss Product Liability Act (PrHG / LRFP), who qualifies as a 'producer' (Hersteller) subject to strict product liability?

Exclusively the inventor named on the patent registration
Any consumer who resells a second-hand item online
The actual manufacturer of the finished product or component, any person presenting themselves as producer by placing their name/trademark on the product (Quasi-Hersteller), and any person importing the product into Switzerland for sale/distribution Correct answer.
Exclusively the transport carrier moving the goods across cantonal borders

Explanation

Under Art. 2 para. 1 PrHG, 'producer' includes the actual manufacturer of the finished product, primary raw material, or component part; any 'quasi-producer' who places their name, trademark, or distinctive mark on the product; and any commercial importer who brings the product into Switzerland. Suppliers are subsidiarily liable if they fail to identify the producer/importer (Art. 2 para. 3 PrHG).

Question 32Swiss liability and insurance law: separate liability, loss, cover and recourse

How is a product defect (Fehler) defined under Art. 4 of the Swiss Product Liability Act (PrHG)?

A product is defective only if it violates an explicit criminal product prohibition
A product is defective if it is priced above the average market retail value
A product is defective if a newer, better model is subsequently released on the market
A product is defective when it does not provide the safety that the public is legitimately entitled to expect, taking into account its presentation, reasonably expected use, and the time it was put into circulation Correct answer.

Explanation

Under Art. 4 para. 1 PrHG, a product has a defect if it does not offer the safety that a person is entitled to expect, taking into account all circumstances including: (a) presentation and instructions, (b) the use to which it could reasonably be expected to be put, and (c) the time when it was put into circulation. Under Art. 4 para. 2 PrHG, the mere subsequent release of an improved product does not make the older product defective.

Question 33Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 5 para. 1 lit. e PrHG, what constitutes the 'development risk defense' (Entwicklungsrisiko) that allows a producer to avoid liability for a defective product?

Proof that the state of scientific and technical knowledge at the time the product was put into circulation was not such as to enable the existence of the defect to be discovered Correct answer.
Proof that the research and development costs exceeded CHF 1,000,000
Proof that the product was developed by an external software contractor
Proof that the producer applied for a Swiss quality seal (Qualitätslabel)

Explanation

Under Art. 5 para. 1 lit. e PrHG, the producer is exonerated if he proves that the defect could not have been discovered given the highest state of scientific and technical knowledge (Stand der Wissenschaft und Technik) existing at the time the product was placed on the market (BGE 137 III 226).

Question 34Swiss liability and insurance law: separate liability, loss, cover and recourse

Regarding property damage caused by a defective product, what limitation and statutory deductible (Selbstbehalt) are established under Art. 1 and Art. 6 PrHG?

All commercial machinery is covered with a CHF 10,000 deductible
Only damage to items of property of a type ordinarily intended for private use and consumed by the injured party mainly for private purposes is covered, subject to a statutory deductible of CHF 900 (damage to the defective product itself is excluded) Correct answer.
Property damage is completely excluded; only bodily injuries can be claimed under PrHG
There is no deductible, and all commercial business interruption losses are fully recoverable

Explanation

Under Art. 1 para. 1 lit. b and Art. 6 para. 1 PrHG, property damage is recoverable under product liability only if the damaged item is normally intended for private use/consumption and was used primarily for private purposes by the victim, subject to a statutory deductible of CHF 900 (Selbstbehalt). Damage to the defective product itself (Mangelunwert) is excluded and must be pursued under sales warranty law (Art. 197 ff. OR).

Question 35Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 9 and Art. 10 of the Swiss Product Liability Act (PrHG), what are the applicable limitation (Verjährung) and forfeiture (Verwirkung) periods for bringing a product liability claim?

1 year limitation and 5 years forfeiture
5 years limitation and 20 years forfeiture
3 years from the date the claimant became aware (or should have become aware) of the damage, defect, and producer's identity (Verjährung), and an absolute forfeiture period of 10 years from the date the producer put the specific product into circulation (Verwirkung) Correct answer.
Claims never forfeit if the producer remains solvent

Explanation

Under Art. 9 PrHG, claims are time-barred after 3 years (Verjährungsfrist) from knowledge of damage, defect, and identity of the producer. Under Art. 10 para. 1 PrHG, claims are extinguished (erlöschen / Verwirkung) 10 years after the producer put the defective product into circulation, unless legal proceedings have been initiated.

Question 36Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 59a of the Swiss Environmental Protection Act (USG / LPA), what is the nature of the liability of an operator of an enterprise or installation that represents a special danger to the environment?

Fault-based liability requiring proof of gross negligence by executive management
Liability limited exclusively to clean-up fines payable to the Federal Treasury
Exemption from all civil liability if the installation holds a valid cantonal environmental permit
Strict causal liability (Kausalhaftung) for damage arising from effects produced by substances, organisms, or wastes representing a special hazard to the environment Correct answer.

Explanation

Art. 59a para. 1 USG creates a strict causal liability for the owner/operator of an establishment or installation presenting special operational environmental risks. The operator is strictly liable for personal injury, property damage, and environmental restoration costs caused by dangerous substances or organisms without requiring proof of fault.

Question 37Swiss liability and insurance law: separate liability, loss, cover and recourse

Under the Swiss Railway Act (EBG / LCdF Art. 40b ff.), what is the liability regime governing railway infrastructure managers and railway transport undertakings for accidents arising from railway operations?

Strict causal liability (Gefährdungshaftung) for death, bodily injury, or property damage caused by the characteristic operational risk of railway installations and rolling stock Correct answer.
Contractual fault liability limited to passenger ticket holders
Complete sovereign immunity under cantonal public law
Simple fault liability requiring the victim to prove driver fatigue

Explanation

Under Art. 40b EBG, the railway undertaking is strictly liable (Kausalhaftung / Gefährdungshaftung) for personal injury and property damage occurring as a result of the specific operational risk (Betriebsgefahr) of the railway enterprise, subject to narrow exoneration defenses under Art. 40c EBG (force majeure, gross third-party/victim fault).

Question 38Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 64 ff. of the Swiss Aviation Act (LFG / LA), what is the liability standard imposed on the aircraft operator (Luftfahrzeughalter) for damage caused to third parties on the ground (Drittschäden am Boden)?

Fault liability requiring proof of air traffic controller negligence
Absolute strict causal liability (Kausalhaftung) for damage to persons and property on the surface caused by an aircraft in flight or objects falling from it Correct answer.
Discretionary compensation only if the aircraft was flying below minimum altitude
Liability capped at the salvage value of the aircraft wreckage

Explanation

Under Art. 64 LFG (governing surface third-party damage / Drittschäden an der Erdoberfläche), the aircraft keeper is subject to strict objective liability for all death, personal injury, and property damage caused by an aircraft in flight or by any person or object falling from it, with mandatory statutory third-party liability insurance coverage (Art. 70 LFG).

Question 39Swiss liability and insurance law: separate liability, loss, cover and recourse

Under the Swiss Pipeline Act (Rohrleitungsgesetz / RLG Art. 33 ff.), what standard of liability applies to the operator of a high-pressure oil or natural gas transmission pipeline?

Liability arises only if the operator intentionally bypassed safety valves
The operator is immune from liability if the pipe was imported from the European Union
Strict causal liability (Kausalhaftung) for personal injury and property damage caused by the escape of transported fuels or operational explosions Correct answer.
Simple negligence liability with the burden of proof on the landowner

Explanation

Art. 33 RLG imposes strict causal liability on pipeline operators (Rohrleitungsunternehmung) for all personal injury and property damage resulting from the operation of pipelines transporting liquid or gaseous fuels (such as crude oil, petroleum products, or natural gas).

Question 40Swiss liability and insurance law: separate liability, loss, cover and recourse

A pedestrian is injured by a delivery truck whose commercial driver was speeding and texting on a phone. The delivery company owns the truck. How do the applicable liability regimes interact under Swiss law?

The claimant can only sue the driver under Art. 41 OR because individual fault supersedes strict liability
The delivery company can only be sued under Art. 55 OR and is exempt from motor traffic liability
The claimant cannot recover from the insurer until the driver has served a criminal sentence
The claimant can assert concurrent claims: strict motor vehicle keeper liability against the company (Art. 58 SVG) with direct action against the insurer (Art. 65 SVG), personal fault liability against the driver (Art. 41 OR), and principal liability against the company (Art. 55 OR), with all defendants jointly and severally liable Correct answer.

Explanation

Under Swiss law, multiple statutory liability grounds concur (Anspruchskonkurrenz). The victim can sue the keeper under Art. 58 SVG (and directly sue the liability insurer under Art. 65 SVG), the driver personally under Art. 41 OR for fault, and the employer under Art. 55 OR. All liable parties are jointly and severally liable to the victim (Solidarhaftung Art. 60 SVG / Art. 50/51 OR; BGE 127 III 257).

Question 41Swiss liability and insurance law: separate liability, loss, cover and recourse

Under Art. 46 para. 1 OR, which of the following damage components are legally recognized as compensable personal injury damages (Personenschaden) in case of bodily injury?

Past and future medical treatment expenses, temporary loss of earnings, permanent loss of earnings (Erwerbsschaden), increased necessary living expenses, and loss of household capacity Correct answer.
Only the hospital accommodation costs listed in the cantonal baseline tariff
Flat-rate statutory compensation of CHF 50,000 regardless of actual economic loss
Exclusively lost income from employment, excluding medical and care costs

Explanation

Under Art. 46 para. 1 OR, in case of bodily injury, the injured person is entitled to reimbursement of all expenses incurred (medical treatment, hospital, therapy, assistive devices, care) and compensation for past and future loss of earning capacity (Erwerbsausfall) as well as disadvantages arising from increased needs and impaired homemaking capacity (BGE 131 III 12).

Question 42Swiss liability and insurance law: separate liability, loss, cover and recourse

How is temporary loss of earnings (vorübergehender Erwerbsausfall) calculated for an employed victim during the acute medical recovery phase prior to consolidation of health?

By multiplying the cantonal minimum wage by the number of sick leave days
By comparing the net income the victim would have earned without the accident (including base salary, regular overtime, bonuses, 13th month salary, and employer social contributions) with any residual earnings or continued wage payments received, deducting saved professional expenses Correct answer.
By taking 50% of the gross salary declared on the preceding tax return
By applying a fixed statutory allowance of CHF 100 per day of incapacity

Explanation

Temporary loss of earnings (temporärer Erwerbsschaden) is calculated concretely under the difference theory: it equals the lost net income the victim would have achieved during the temporary disability phase (including 13th month salary, regular bonuses, and fringe benefits) minus any actually received income or continued wage payments, adjusting for saved work-related expenses (BGE 129 III 135).

Question 43Swiss liability and insurance law: separate liability, loss, cover and recourse

In the assessment of permanent future loss of earnings (dauernder Erwerbsschaden), how does the court determine the hypothetical income without disability (Valideneinkommen) versus the residual earning capacity (Invalideneinkommen)?

Both incomes are assumed to equal the median Swiss wage published by the Federal Statistical Office regardless of profession
The Valideneinkommen is capped at the maximum insured UVG salary limit of CHF 148,200
The Valideneinkommen is evaluated based on the victim's probable career trajectory, wage progression, and promotions without the accident; the Invalideneinkommen is assessed based on the realistic earning capacity the victim can still achieve on the balanced labor market given the permanent medical limitations Correct answer.
The Invalideneinkommen is set to zero whenever the medical disability certificate exceeds 20%

Explanation

Under concrete tort damage assessment (Art. 46 OR / BGE 131 III 360), Valideneinkommen represents what the specific victim would have earned with reasonable probability considering their education, career plans, and wage progression. Invalideneinkommen reflects what the victim can still realistically earn on the balanced labor market after fulfilling the duty to mitigate loss (Schadenminderungspflicht).

Question 44Swiss liability and insurance law: separate liability, loss, cover and recourse

What is the purpose and methodology of present value capitalization (Kapitalisierung) using the Stauffer/Schätzle/Weber and Leonard actuarial tables in Swiss personal injury practice?

To convert past medical invoices into foreign currency
To calculate the annual inflation rate for food staples
To establish the tax penalty for early withdrawal of 3rd pillar pension assets
To convert a permanent recurring future loss (such as ongoing annual lost earnings or care costs) into a lump-sum capital payment payable today, discounting future cash flows by a capitalization factor reflecting life expectancy, active working duration, and interest discount rate (Rechnungszins) Correct answer.

Explanation

Capitalization (Kapitalisierung) converts a future periodic stream of losses into an equivalent single lump sum paid immediately. Using actuarial tables (Stauffer/Schätzle/Weber, Barwerttafeln), the annual damage is multiplied by a capitalization factor (Barwertfaktor) that discounts future payments based on statistical mortality, active career duration, and the discount rate (Rechnungszins; BGE 129 III 135).

Question 45Swiss liability and insurance law: separate liability, loss, cover and recourse

What is the role of the judicial discount rate (Rechnungszins) in the capitalization of future personal injury damages under Swiss Federal Supreme Court practice?

It represents the assumed real net return that the claimant can earn by investing the capitalized lump-sum compensation over the duration of the damage period; a lower discount rate results in a higher present capital lump sum Correct answer.
It is an administrative fee paid to the Swiss National Bank for certifying actuarial tables
It is a mandatory surcharge added to punish the tortfeasor for gross negligence
It represents the default interest rate applied to overdue commercial invoices under Art. 104 OR

Explanation

The discount rate (Rechnungszins) reflects the projected real rate of return (nominal interest minus inflation) that the recipient can earn on the invested capital. Mathematically, a lower discount rate (e.g., 2.0% or 2.5% vs historically 3.5%) yields a higher capitalization factor and thus a larger lump-sum capital payment to ensure funds are not prematurely exhausted (BGE 125 III 312, BGE 129 III 135).

Question 46Swiss liability and insurance law: separate liability, loss, cover and recourse

When capitalizing future personal injury damages, how does Swiss practice differentiate between the active working period (Aktivschaden / Erwerbsphase) and the retirement phase (Passivschaden / Rentenphase)?

Damages in the retirement phase are legally unrecoverable under Swiss tort law
The loss of earnings during the active career up to statutory retirement age (Aktivschaden) is capitalized using temporary capitalization tables (temporäre Barwerttafeln), whereas the subsequent retirement pension deficit (Passivschaden / Rentenschaden) is capitalized using deferred lifelong tables (aufgeschobene lebenslängliche Tafeln) Correct answer.
The entire lifespan is capitalized using a single flat multiplier of 20 regardless of age
The active period is paid by the employer, while the retirement phase is paid by the cantonal court

Explanation

Swiss capitalization practice divides future loss into distinct phases: (1) Aktivschaden (loss of employment earnings from accident consolidation until regular retirement age, e.g., age 65), calculated with temporary capitalization factors (Tabelle T1); and (2) Passivschaden (loss of AHV and BVG retirement pension benefits due to missed contributions during the active phase), calculated as a deferred lifelong annuity from retirement until death (Tabelle T7/T8; BGE 129 III 135).

Question 47Swiss liability and insurance law: separate liability, loss, cover and recourse

According to leading Federal Supreme Court precedents (BGE 129 III 135, BGE 131 III 12), what is the legal character of household damage (Haushaltschaden)?

It is compensable only if the victim hired a professional commercial housekeeping agency and presents official tax receipts
It is an exclusive social insurance benefit paid only by the cantonal unemployment fund
It is a normative economic damage (normativer Schaden); the loss of ability to perform domestic work and manage the household represents a compensable economic loss even if family members or friends step in without payment and no external help is hired Correct answer.
It is classified as non-pecuniary moral suffering and capped at CHF 5,000

Explanation

Haushaltschaden is recognized as a normative economic loss (normativer Schaden). Household work (cooking, cleaning, shopping, childcare, administrative management) has an objective economic market value. Even if unpaid relatives or family members take over the chores without hiring paid outside help, the tortfeasor remains liable for the monetary value of the lost homemaking capacity (BGE 129 III 135, BGE 131 III 12).

Question 48Swiss liability and insurance law: separate liability, loss, cover and recourse

How are the weekly hours of household work objectively quantified in Swiss legal practice for calculating Haushaltschaden?

By applying a fixed legal maximum of 5 hours per week across all households
By interviewing the victim's neighbors under oath at a public hearing
By consulting the property tax register of the municipality
By utilizing official statistical data from the Swiss Federal Statistical Office (Swiss Labour Force Survey SAKE / Schweizerische Arbeitskräfteerhebung) categorized by household type, number of children, and employment status, adjusted to the specific concrete circumstances Correct answer.

Explanation

In Swiss practice (BGE 129 III 135), the baseline number of weekly household hours is determined using statistical reference tables from the Swiss Federal Statistical Office (SAKE / ESS tables), which categorize average hours spent on domestic chores based on household size, marital status, number and age of children, and degree of external employment, adjusted for individual concrete circumstances.

Question 49Swiss liability and insurance law: separate liability, loss, cover and recourse

A severely injured victim requires daily personal nursing and assistance at home, which is provided by her spouse rather than a commercial nursing service. Under Art. 42 para. 2 OR, how are care expenses (Pflegeschaden) assessed?

The value of nursing and assistance provided by family members (Angehörigenpflege) is fully compensable as a normative damage based on the hypothetical cost of equivalent commercial care personnel, adjusted for the nature of services Correct answer.
Care provided by family members is legally considered a gratuitous moral duty and cannot be compensated in money
The spouse must register as a formal joint-stock corporation to claim any care compensation
The tortfeasor is only required to pay for the meals consumed by the caring spouse

Explanation

Under established Federal Supreme Court jurisprudence (BGE 116 II 441, BGE 129 III 135), nursing and personal care provided by family members (Angehörigenpflege) constitutes compensable damage under Art. 42 para. 2 / Art. 46 OR. The compensation is measured based on the gross cost of hiring commercial nursing personnel (Spitex / Pflegepersonal), without deducting for family solidarity.

Question 50Swiss liability and insurance law: separate liability, loss, cover and recourse

What does pension loss (Rentenschaden) represent in a Swiss personal injury damages calculation?

The statutory fine payable to the cantonal pension supervisory authority
The future financial shortfall in the victim's 1st pillar (AHV) and 2nd pillar (BVG / occupational pension fund) retirement benefits resulting from the reduction or cessation of occupational pension contributions during the period of disability Correct answer.
The loss of rental income from subletting a holiday apartment
The difference between Swiss and foreign state pension ages

Explanation

Rentenschaden represents the permanent loss of future retirement income in old age: because the injured party earned less (or zero) salary during their working years, their accumulated retirement capital in the 2nd pillar (BVG) and contribution record in the 1st pillar (AHV) are reduced, creating a persistent pension deficit from statutory retirement age until death (BGE 129 III 135).