Lexipedia

Recourse among liable parties

Internal allocation of compensation between several persons liable to the injured party, based on fault, causation, risk and statutory priorities.

When several persons are liable for the same damage, the injured party may often claim full compensation from one or more of them under rules on joint or concurrent liability. Recourse determines how the burden is redistributed internally after payment. Swiss law considers the basis of liability, degree of fault, causal contribution, insurance coverage and special statutory ranking where applicable. Recourse is important in accidents, construction defects, medical cases and employer-employee situations. It does not reduce the victim’s claim, but affects who ultimately bears the cost.