Liability of the motor vehicle owner and fault of the injured party

Facts

On July 18, 1968, the child [A.], aged 9, was run over by B.'s car while crossing a main road at high speed (130-140 km/h) without ensuring that the road was clear. [A.] suffered significant damage and filed a civil liability action against B.'s insurer, Alpina.

The Cantonal Court of Valais dismissed the claim, considering that [A.] had committed an exclusive serious fault, thus releasing the owner from his liability under Art. 59 para. 1 of the Road Traffic Act (LCR). [A.] then appealed to the Federal Court.

Considerations

The Federal Court upholds the appeal. It considers that although A.'s behavior constitutes a serious violation of traffic rules, his young age mitigates the seriousness of his fault. Indeed, the younger a child is, the less one can reproach him according to the criteria applicable to adults, as his age exposes him to a less objective judgment and less thoughtful decisions.

Thus, the condition of the exclusive serious fault of the injured party provided for in Art. 59 para. 1 LCR is not met, and the owner cannot be released from his…