Glossary / Tort Law

Strict causal liability

Strict causal liability shifts the focus from blameworthy conduct to the creation or control of a particular risk. Swiss law recognises several special regimes, for example in road traffic, railways, product-related contexts or certain dangerous activities, depending on the applicable statute. The claimant must still prove damage, a legally relevant causal link and the conditions of the specific liability regime. Defences may include force majeure, exclusive fault of the victim or third-party intervention. Strict liability is not unlimited; its scope depends on the policy and wording of the relevant law.

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