Facts
Loris Ticozzi, a roofer insured with the Swiss National Accident Insurance Institute (SUVA), was the victim of a road accident on May 26, 1976. Ticozzi had not fastened his seatbelt at the time of the accident and suffered injuries to his face and hand. SUVA reduced the insurance benefits by 10% due to Ticozzi's gross negligence for not wearing the seatbelt.
Ticozzi appealed to the Insurance Tribunal of the Canton of Ticino, arguing that the failure to wear a seatbelt does not constitute gross negligence under the Accident Insurance Act (LAMI). The Insurance Tribunal dismissed the appeal, agreeing with SUVA's opinion.
Ticozzi then filed an administrative law appeal to the Federal Insurance Tribunal, reiterating his argument that the failure to wear a seatbelt does not constitute gross negligence.
Considerations
The Federal Insurance Tribunal dismissed the appeal. According to established case law, gross negligence constitutes the failure to observe the basic rules of prudence that any reasonable person should have respected in a similar situation. Although Article 3a of the Ordinance on Road Traffic Regulations (ONCS) imposing the obligation to wear seatbelts does not have a sufficient legal basis, the failure to wear a seatbelt nevertheless represents a violation of the basic rules of prudence.
Seatbelts are indeed able to significantly reduce the risk of serious injury in the event of an accident, especially at moderate speeds. Therefore, in the absence of…