Lexipedia

Negligence (civil)

Civil negligence is a failure to exercise the care required in the circumstances, creating liability when damage, unlawfulness and causation are shown.

Negligence is a form of fault based on falling below the standard of care expected of a reasonable person or professional in the circumstances. In Swiss non-contractual liability, negligence may ground responsibility when the claimant also proves damage, unlawfulness and a causal link. The assessment is objective but sensitive to context: professional expertise, dangerous activities, traffic rules, safety standards and the foreseeability of harm all matter. Slight negligence can suffice unless a valid rule or agreement limits liability. In contract cases, negligence may also be relevant to liability for breach. Comparative common-law analysis often separates duty of care and breach; Swiss law more commonly frames the issue through unlawfulness, protective norms and fault.