Facts
The case concerns an accident in which a 15-year-old boy lost his right eye due to a shot from an air rifle. The shot was fired by another 15-year-old boy, whose father was held responsible for the damage as the head of the family.
The defendant, the father of the perpetrator, had lent his son the air rifle without providing the necessary instructions for safe handling. The Federal Supreme Court found that the defendant had thereby violated his duty of supervision under Art. 333 of the Swiss Civil Code (ZGB), as he had failed to inform the minor about the dangers of using the weapon and to instruct him accordingly.
The accident occurred in a publicly accessible landfill, where the perpetrator, together with another boy, was shooting at rats. The Federal Supreme Court saw this as another reason why the defendant had violated his duty of supervision, as he should have expected that uninvolved persons could appear at any time.
Considerations
Pursuant to Art. 333 ZGB, the head of the family is liable for damages caused by an underage household member, unless it can be shown that the required care in supervision was observed. The case law has clarified that the duty of supervision not only includes the monitoring of the minor, but also the taking of all measures to prevent the minor from causing damage.
In the present case, the defendant had…