Partial Upholding of the Appeal against the Decision on Liability under the Pipelines Act

Facts

This case involved a work accident in which an employee (B.) suffered burns after flammable gas from a leaking gas pipeline of the defendant company D. AG (the appellant) ignited in the wastewater control manhole where he was working. The Swiss Accident Insurance Fund (Suva), the Federal Disability Insurance (IV), and the Federal Old Age and Survivors' Insurance (AHV) (the appellants) sought recourse from the appellant company based on the Pipelines Act (RLG).

The Commercial Court had upheld the appellants' claim in the amount of CHF 1,015,490.35. However, the Federal Supreme Court remanded the case, instructing the Commercial Court to re-evaluate the consideration of the employer's recourse privilege under Art. 75 para. 2 ATSG. The Commercial Court concluded that the requirements for the recourse privilege were met and dismissed the claim based on Art. 51 para. 2 CO.

Considerations

The Federal Supreme Court partially upholds the appeal of the appellants and remands the case to the Commercial Court for a new decision. It states that the rigid application of the sequence under Art. 51 para. 2 CO in the present case, where the typical operational hazard of the gas pipeline was realized independently of the employer's conduct but only led to the damage due to the…