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Bratschi AG | Switzerland | 9 Jul 2021

Commercial Contracts in Switzerland

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Bratschi AG | 21 Aug 2008

Extent of Causal Link between Product Defect and Indirect Damage

The Swiss Supreme Court recently considered whether the producer of a defective product was liable for an injury to someone involved in a rescue operation - in other words, whether this injury had a causal connection to the defective product. It held that occurrences which do not result directly from a product defect, but are merely linked thereto, generally may not be attributed to the......
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Bratschi AG | 14 Feb 2008

The Counter-Claim on a Negative Fact: A Legitimate Answer to Partial Tort Claims

In Swiss tort litigation, including product liability cases, it is becoming increasingly popular to introduce only a partial action - for example, on a part of the total damages or for a specific category of damages (eg, compensation for loss in income). These tactics call for procedural counter-measures such as the counter-claim on a negative fact.
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Bratschi AG | 20 Dec 2007

Supreme Court Holds that Service Contract is not Defined by Contractual Language

In a landmark case the Supreme Court considered the question of how far the diligence of a service provider extends in case of defective products or machinery. It also considered the hotly debated concept of the protective effect of a contract for third (ie, non-contractual) parties.
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Bratschi AG | 20 Sep 2007

Supreme Court Rejects Claim Based on the Perte d’une Chance Theory

In a recent landmark case the Swiss Supreme Court considered for the first time claims based on the perte d’une chance (loss of a chance) theory. In a well-founded decision, it rejected the claims by interpreting the foundations of Swiss tort law in a classic manner.
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Bratschi AG | 17 May 2007

Supreme Court Clarifies Standard of Proof

In a recent decision the Supreme Court had the opportunity to discuss some basic issues of product liability law, such as an importer's capacity to be sued as a party, the notion of a defective product and the standard of proof. The ruling is all the more significant because Swiss decisions in product liability cases are rare.
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Bratschi AG | 14 Dec 2006

Product Liability Implications of New Auditing Requirements

A key innovation of the new Swiss auditing and company laws requires the board of directors to set up an adequate risk management system and internal control system. Manufacturers should therefore review their pre and post-loss management; as for board members and directors, product liability events may trigger personal liability with respect to not only damaged persons, but also shareholders......
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Bratschi AG | 14 Sep 2006

New Product Safety Law

The consultation process on the preliminary draft of the new Product Safety Law has recently been completed. The new law aims to reinforce consumer rights and will essentially adopt the standards of the EU Product Safety Directive. However, the new law will not serve as an umbrella law and will apply only if no other federal law regulates the issue.
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Bratschi AG | 4 May 2006

Liability of Board Members and Management in Product Liability Cases

In most product liability cases where severe personal injuries or other severe damages have occurred, the management - and in some cases also the board members - of the negligent corporation face criminal proceedings initiated either by the prosecutor or by the injured party. Undertakings are well advised to implement an adequate and effective risk management system to ensure that such cases......
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