Facts

On September 14, 1987, a fatal accident occurred on a road under construction, where a motorcyclist, [M.], lost his life after hitting a sign and a roller in a trench. The site manager, [A.], was responsible for the site's signaling. The cantonal courts convicted [A.] of negligent homicide, considering that the defective signaling of the site contributed to the accident.

The key facts are as follows

  • The motorcyclist [M.] hit the sign and the roller in a trench on a road under construction.
  • The site manager, [A.], was responsible for the site's signaling.
  • The site's signaling had several defects, including the absence of danger signaling, signaling of the length of the work zone, and signaling of the presence of a roller.
  • The cantonal courts convicted [A.] of negligent homicide.

Considerations

The Federal Court examined the question of whether the site manager, [A.], had fulfilled his duty of care in terms of site signaling. The Court considered that the defective signaling of the site constituted a violation of the duty of care, as it did not comply with the provisions of the Road Signaling Ordinance (RSO).

The Court also examined the question of causality between the defective signaling and the fatal accident. It considered that causality had to be established based on the probability that the accident would occur if the…