Civil Liability of the Operator of a Summer Toboggan Run

Facts

[Y. AG] operates a summer toboggan run called "Y.". On September 29, 1996, the children S.A. and T.A. collided from behind with the toboggan of X. and his son on the run. X. suffered a concussion and whiplash. X. filed a complaint against [Y. AG] for damages. The cantonal courts dismissed the claim, considering that [Y. AG] had not breached its duty of care. X. appealed to the Federal Tribunal.

Considerations

The Federal Tribunal first examined whether the Federal Act on the Civil Liability of Railway, Steamship and Swiss Post Enterprises (RLA) was applicable. It considered that the operation of a summer toboggan run could not be qualified as a railway enterprise, as the toboggans do not run on rails and the facility is not open to the public. Consequently, the RLA does not apply in this case.

Regarding the operator's duty of care, the Federal Tribunal ruled that the safety measures in place, such as signage and the layout of the…