Facts
Diana Regotz, born on September 20, 1954, attended the first high school class in Brig in 1968 and commuted daily by train from Visp to Brig. On May 20, 1968, she had to quickly catch the train departing Visp at 1:27 pm. On the platform, she ran towards the already moving train and jumped onto it. In the process, she lost her balance, fell onto the track, and suffered severe injuries, resulting in the amputation of both her legs below the knee.
Diana Regotz filed a claim against the Swiss Federal Railways (SBB) for damages and compensation. The Cantonal Court of Valais dismissed the claim due to the plaintiff's gross negligence. The plaintiff appealed the judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that, in principle, jumping onto a moving train is to be classified as gross negligence, which can generally exclude the railway's liability. However, negligence only excludes liability if the injured party was of sound judgment.
In the present case, the 13-year-old plaintiff's capacity for judgment was diminished due to her age and the special circumstances (fear of being late for school). Therefore, her negligence cannot be…