Facts
An Israeli motorist, Benjamin Yahalom, and his friend Jakob Malkin, who was driving the vehicle, crossed a level crossing equipped with flashing red lights without slowing down, despite the warning signals. Their vehicle was hit by a train and Malkin was killed. Yahalom filed a claim for damages against the Swiss Federal Railways (SBB), but the cantonal courts and the FSCA rejected his claim, considering that the accident was due to the gross negligence of Malkin and Yahalom, who did not respect the basic rules of caution when approaching the level crossing.Considerations
According to the case law of the FSCA, the fault of a third party or the victim may release the railway company from its liability when it constitutes the sole adequate cause of the accident, excluding other circumstances related to railway operations. In this case, the faulty behaviour of Malkin, who crossed the level crossing at high speed without taking into account the light signals, as well as the fact that Yahalom, as a passenger, did not warn Malkin of the danger, are considered the sole and adequate cause of the accident. Neither the fact that the level crossing is not equipped with half-barriers, nor the absence of an audible signal for the locomotive driver, nor the permitted speed of…