Best Motor Vehicle Defect Lawyers in Dornach

About Motor Vehicle Defect Law in Dornach, Switzerland

Motor vehicle defect issues in Dornach are governed by Swiss federal law and applied locally by Solothurn cantonal authorities. In practice, this area brings together several legal regimes. Contract and warranty rules in the Swiss Code of Obligations - OR cover your rights against a seller or repair garage. Safety and recall duties are set by the Product Safety Act - PrSG, with market surveillance for vehicles led by the Federal Roads Office ASTRA - FEDRO. If a defective vehicle or component causes injury or damage to property, the Swiss Product Liability Act - PrHG and the Road Traffic Act - SVG become relevant. Roadworthiness and inspections are overseen by the Solothurn cantonal road traffic office, commonly referred to as the MFK - Motorfahrzeugkontrolle.

In Switzerland, a defect is any deviation from the quality promised in the contract, the quality usually expected for that type of vehicle or part, or from mandatory safety standards. Defects can be design defects, manufacturing defects, software or firmware faults, and missing or inadequate warnings. Consumers in Dornach commonly face problems with used car purchases, warranty exclusions, recurring faults after repairs, undisclosed accident damage, safety recall handling, and defects that contribute to accidents.

There is no US-style lemon law in Switzerland. Instead, you have statutory warranty rights against the seller and possibly contractual warranty rights against the manufacturer. You may request repair, a price reduction, or rescission of the sale in serious cases, and claim damages when legal requirements are met. Strict liability under the Product Liability Act can apply to the producer for bodily injury and certain property damage caused by a defective product. The vehicle owner also has strict liability under the Road Traffic Act for accident damage to third parties, which is typically covered by mandatory liability insurance, with possible recourse claims up the chain to garages or manufacturers.

Why You May Need a Lawyer

A lawyer can help when a defect is serious, contested, or financially significant. Negotiations with dealers, importers, or insurers often turn on technical evidence, short deadlines, and legal nuances in the Code of Obligations and the Product Liability Act. Legal assistance is particularly useful if a dealer refuses to cure a defect, tries to limit your statutory rights, or argues that a defect is wear and tear.

You may also need a lawyer if the defect caused an accident or injury, if your claim involves multiple parties such as a dealer, an importer, a manufacturer, and an insurer, or if an MFK inspection results in a roadworthiness issue or withdrawal of registration. Cross border purchases, gray imports, software tampering or emissions related defects, and disputes over battery warranty for electric vehicles can also benefit from specialist advice. A lawyer ensures timely defect notifications, preserves evidence, engages independent experts, navigates the cantonal conciliation stage, and litigates if settlement fails.

Local Laws Overview

Swiss Code of Obligations - OR. Warranty for sales of movable goods is generally 2 years from delivery. In consumer sales where a business sells to a consumer, a full exclusion of warranty is invalid. For used goods, the parties may contractually shorten the period to a minimum of 1 year. You must notify the seller of discovered defects within a reasonable time, in writing if possible, or risk losing rights. In consumer sales there is a presumption for 1 year from delivery that a defect which appears later already existed at delivery. Remedies include repair, price reduction, or rescission for severe defects, and damages if legal conditions are met. For repair or maintenance work, rules for contracts for work apply, typically with a 2 year period for defects in movable work results.

Product Liability Act - PrHG. The producer is strictly liable for personal injuries and for damage to privately used property caused by a defective product, subject to conditions and exclusions. There is a relative limitation period of 3 years from when the injured party knew or should have known of the damage, the defect, and the identity of the liable party, and an absolute long stop of 10 years from when the product was put into circulation. Damage to the defective product itself is not covered by the Product Liability Act. The importer may be treated as producer if the actual producer is unknown.

Product Safety Act - PrSG and recalls. Producers and distributors must place only safe products on the market, monitor safety, cooperate with authorities, and take measures including recalls when needed. For road vehicles and components, ASTRA - FEDRO is the market surveillance authority and coordinates or publishes recall information. Dealers and importers have duties to inform customers and remedy safety issues.

Road Traffic Act - SVG and MFK. Vehicle owners must keep vehicles roadworthy. The Solothurn road traffic office conducts inspections - MFK - and can impose repair orders, fail a vehicle, or withdraw registration until defects are remedied. Unsafe modifications or non compliant parts can lead to administrative sanctions and penalties. If a defect contributes to an accident, the owner is generally strictly liable to third parties, covered by the mandatory liability insurance. Recourse between insurers, garages, and manufacturers can follow.

Procedure and forums. In Solothurn, most civil claims start with a mandatory conciliation proceeding before the cantonal conciliation authority. For claims up to CHF 30,000, simplified procedure applies. Evidence often includes service records, diagnostic logs, recall notices, expert reports from neutral assessors, and MFK findings. Many residents hold legal protection insurance which may fund experts and lawyers.

Frequently Asked Questions

What counts as a motor vehicle defect under Swiss law

A defect is any lack of the quality promised in the contract, the quality customary for comparable vehicles, or compliance with binding safety standards. It includes manufacturing faults, design flaws, software issues, undisclosed accident damage, odometer tampering, and safety critical wear that should not be present at delivery for the age and mileage.

Is there a lemon law in Switzerland

No. Switzerland uses statutory warranty rules in the Code of Obligations and product liability for injuries and certain property damage. You may demand repair, a price reduction, or rescission for serious defects. Contractual manufacturer warranties may offer additional remedies but cannot undermine your statutory consumer rights.

What are my rights if I bought a used car from a dealer in Dornach

In a consumer sale, a dealer cannot completely exclude the statutory warranty. The warranty period for used goods can be shortened by agreement to at least 1 year. Report discovered defects promptly. Depending on the defect, you can request repair, a price reduction, rescission in serious cases, and damages if conditions are met. Commercial warranties offered by dealers are in addition to statutory rights.

What if I bought the car from a private seller

Between private parties, the warranty can be excluded in the contract, except for defects fraudulently concealed. If no exclusion applies, the 2 year statutory period usually governs. Prompt notice of defects remains important. Evidence of concealment or misrepresentation can revive claims even where a warranty waiver exists.

How long do I have to act

Statutory warranty claims for movable goods are typically 2 years from delivery. For consumer sales, a defect that appears within 1 year is presumed to have existed at delivery, unless the seller proves otherwise. Notify the seller of discovered defects within a reasonable time. Product liability claims have a 3 year period from knowledge and a 10 year long stop from when the product entered the market. Claims for intentionally concealed defects may be possible for up to 10 years under general limitation rules.

Do I need an expert opinion

Often yes. An independent vehicle expert or testing organization can assess causation, severity, and repair costs. Expert evidence carries weight with dealers, insurers, the MFK, and courts. Preserve the failed parts and keep service records and diagnostic reports to support the expert analysis.

What happens if the MFK finds a safety defect

The Solothurn MFK can impose a repair order, fail the inspection, or withdraw registration until the defect is remedied. Driving an unsafe vehicle can lead to fines and liability exposure. MFK findings also serve as evidence in warranty or liability disputes.

Who is liable if a defect caused an accident

Third party victims can claim against the vehicle owner under the Road Traffic Act, usually paid by the owner’s mandatory liability insurer. The insurer or owner may seek recourse against a responsible garage, importer, or manufacturer. If a defective product caused injury or qualifying property damage, the producer may be strictly liable under the Product Liability Act.

Do recalls affect my rights

Recalls indicate a safety related defect and typically entitle you to a free remedy. They do not remove your statutory warranty rights for other defects. Keep recall notices and repair confirmations. If a dealer fails to implement a recall, additional contractual and safety law consequences can follow.

How should I notify the seller about a defect

Notify promptly in writing, describe the defect and its symptoms, attach photos and reports, set a reasonable deadline for repair, and keep proof of delivery. Avoid authorizing third party repairs until the seller has had a fair chance to remedy, unless urgent for safety or to prevent further damage.

Additional Resources

Federal Roads Office ASTRA - FEDRO. National authority for road vehicle market surveillance, recalls, and type approval. Useful for recall information and safety compliance questions.

Solothurn Road Traffic Office - MFK. Cantonal authority for vehicle inspections, registration, and roadworthiness decisions that apply in Dornach.

Touring Club Schweiz - TCS. Independent technical inspections, expert reports, and buyer advice services that can support evidence gathering.

Stiftung fuer Konsumentenschutz - SKS and other consumer organizations. Guidance on warranty and consumer rights in vehicle purchases.

Swiss Insurance Ombudsman and private legal protection insurers. Help with disputes involving liability and legal expenses coverage.

Automotive trade associations such as AGVS and auto schweiz, and the ombuds office of the Swiss automotive industry. Some offer mediation channels for dealer disputes.

Next Steps

Document the problem as soon as it appears. Gather the purchase contract, service booklet, invoices, diagnostic logs, recall notices, photographs, and videos. If safety is at stake, stop driving and arrange transport to avoid further damage or risk.

Notify the seller or repairer in writing, describe the defect, ask for a remedy, and set a reasonable deadline. Keep all correspondence. If the vehicle is subject to a recall, arrange recall work quickly and keep proof of completion.

Obtain an independent expert assessment if the defect is significant or disputed. Ask whether the expert can preserve failed parts and provide a report suitable for court. Coordinate with your legal protection insurer if you have coverage.

Consult a lawyer experienced in motor vehicle and product liability matters in the Solothurn region. A lawyer will assess the best legal route, ensure you meet notice and limitation deadlines, prepare for the cantonal conciliation proceeding, and represent you in negotiations and court if needed.

If settlement fails, file a request for conciliation within the applicable time limits in Solothurn. Bring your documentation and any expert reports. After conciliation, your lawyer can pursue court action under the simplified procedure if the claim value allows, or the ordinary procedure for larger or complex claims.

Act early, keep everything in writing, and prioritize safety. Early legal advice in Dornach often prevents escalation and improves outcomes, especially where evidence and deadlines are critical.