Facts
S. was the victim of a diving accident in 2003 in a lake located at an altitude of over 2,500 meters. During the ascent, S.'s regulator went into a continuous flow, causing an uncontrolled ascent and rapid decompression. S. suffered serious brain and spinal cord injuries. The Swiss National Accident Insurance Fund (CNA) reduced his cash benefits by 50% on the grounds that the accident resulted from reckless conduct. S. appealed this decision.Considerations
The Court examined whether diving to a depth greater than 40 meters in a high-altitude lake constituted absolute reckless conduct. It left this question open, considering that even if the dive was not absolute reckless conduct, it was relative reckless conduct. Indeed, S. and his partner E. had not taken all necessary measures to reasonably limit the risks, notably by omitting to perform a mutual check of their equipment before the dive. Although the error…