Facts
On October 14, 1972, the children Emmanuel Praz and Daniel Perruchoud, aged 7 years, were playing with bows and arrows they had made themselves. An arrow fired by Emmanuel Praz seriously injured the right eye of Daniel Perruchoud, requiring the enucleation of the eye. The father of Daniel Perruchoud then claimed damages from Louis Praz, the father of Emmanuel Praz, on the basis of Art. 333 of the Swiss CC (CC) regarding the liability of the head of the family.Considerations
The Civil Court of the Cantonal Tribunal of Valais dismissed the action, considering that the liability of the head of the family provided for in Art. 333 CC is a strict liability and not a liability for fault. According to the prevailing case law and doctrine, the degree of supervision required of the head of the family depends on the circumstances, in particular the dangerous nature of the instrument used by the child.
In this case, the Federal Tribunal considers that a bow and arrows in the hands of a 7-year-old child constitute dangerous instruments. Therefore, the father of Emmanuel Praz, as the head of the family, should have at least made the children aware of the dangers of these instruments and given them instructions on how to use them without endangering others. Failing to take these…