Employer liability
Liability of an employer for damage caused by employees or auxiliary persons in the performance of work, subject to exculpation and causation rules.
Employer liability addresses when a business or other principal must answer for harm caused by employees or auxiliary persons. Swiss law distinguishes contractual liability for auxiliaries from non-contractual liability for employees or organs, with different requirements and possible defences. The claimant must show damage and causation, while the employer may in some settings avoid liability by proving due care in selection, instruction and supervision. Internal recourse against the employee depends on fault, risk allocation and employment-law limits. The concept supports victim protection and enterprise responsibility.