Civil liability: who is liable and how to get compensated
The conditions for fault-based liability
Art. 41 CO sets out the general principle of civil liability for an unlawful act: a person who unlawfully causes damage to another, whether intentionally or through negligence, is liable to make good the loss. This liability requires four cumulative conditions: an unlawful act, fault, damage, and a causal link between the act and the damage.
Strict liability
Alongside fault-based liability, Swiss law recognises various forms of strict liability, where fault does not need to be proven: liability of a motor vehicle keeper (art. 58 LCR), of an animal keeper (art. 56 CO), of a building owner (art. 58 CO), or product liability.
Calculating the damage
Recoverable damage in principle includes material loss (medical expenses, loss of earnings, loss related to household work), moral compensation in the event of a serious personality violation, and in certain cases loss of future earning capacity as a pension-type loss. Its precise assessment depends heavily on the specific circumstances of each case.
Bringing a claim and limitation
A claim for damages is in principle time-barred after three years from the day the injured party became aware of the damage and the liable person, and in any case after twenty years from the day of the harmful act (art. 60 CO), subject to longer periods applicable in the event of a criminal offence.
Frequently asked questions
Do I need to prove fault to be compensated for damage?
This depends on the legal basis invoked: fault-based liability under art. 41 CO requires proof of fault, while strict liability (vehicle keeper, animal keeper, building owner) in principle does not require this proof.
Within what deadline must I claim damages?
In principle within three years from becoming aware of the damage and the liable person, and at the latest twenty years after the harmful act (art. 60 CO), subject to specific periods in the event of a criminal offence.
Is moral compensation always awarded for damage?
No, only in the event of a serious personality violation, assessed according to the specific circumstances: severity of the violation, suffering endured, and other relevant elements of the specific case.