Rejection of the reduction of insurance benefits for reckless risk in a canyoning accident

Facts

On July 16, 1994, F., an insured employee of the Swiss National Accident Insurance Fund (SUVA), suffered a tibial torsion fracture during a canyoning activity in the Riale di Mulitt gorge in Centovalli (TI). SUVA recognized its obligation to provide benefits, but reduced them by 50% due to reckless risk. The Insurance Court of the Canton of Aargau annulled this reduction, and SUVA appealed against this decision.

Considerations

The Federal Insurance Court considers that canyoning, when not practiced in a competitive and speed-oriented manner, does not necessarily constitute an absolute reckless risk. The specific circumstances of each case must be examined, in particular the weather conditions, the water level, the equipment, and the experience of the participants.

In this case, the conditions were favorable, the difficulty level of the section traversed was moderate (C2),…