Best Premises Liability Lawyers in Dornach

About Premises Liability Law in Dornach, Switzerland

Premises liability in Switzerland refers to the legal responsibility that property owners, occupiers, and certain public bodies have to keep buildings, land, and other works reasonably safe for people who lawfully enter them. In Dornach, which lies in the canton of Solothurn, these duties arise primarily under federal Swiss law and are complemented by cantonal and municipal rules about safety, maintenance, and winter service.

Under the Swiss Code of Obligations, the owner of a building or other work can be liable if a defect in construction or a failure to maintain creates a hazard that causes injury or damage. Businesses, landlords, tenants, and event organizers also owe duties of care based on contract and general tort law. If an accident occurs on public property, special public liability rules of the canton apply. The result is a practical framework that focuses on prevention, reasonable maintenance, and fair compensation when preventable harm occurs.

Why You May Need a Lawyer

Premises cases often turn on details: Was there a defect, how long did it exist, and who was responsible for fixing it. A lawyer can help identify the correct legal basis for your claim, gather and preserve evidence, and handle communications with insurers and public authorities.

Common situations include slips on snow or ice near shops or apartment entrances, falls on broken stairs or loose tiles, injuries from falling objects in retail spaces, accidents on construction sites, playground or schoolyard incidents, and injuries on municipal sidewalks or in public buildings. Each of these can involve different defendants, different insurance policies, and different procedures and deadlines.

A lawyer can also assess contributory fault, quantify damages for medical costs, lost income, and pain and suffering, and guide you through mandatory conciliation procedures or special public liability claim processes in Solothurn.

Local Laws Overview

Swiss Code of Obligations article 58 establishes owner liability for buildings and other works. The owner is responsible, regardless of personal fault, when a construction defect or inadequate maintenance causes harm. The injured person must prove the defect, the damage, and causation. The owner can reduce or avoid liability if the harm was caused by force majeure, by a third party, or by the victim’s own serious negligence.

General tort law under article 41 applies when someone breaches a duty of care and causes damage. Employers can be responsible for employees under article 55 if they fail to exercise proper supervision and care. Contract law may apply in landlord-tenant relationships, where landlords must maintain premises in a condition suitable for their intended use and tenants must report defects promptly. Tenants may seek rent reductions and damages if notified defects are not remedied within a reasonable time.

Neighbor law in the Swiss Civil Code protects against excessive disturbances originating from a property. Building standards and norms, such as SIA norms and recognized safety guidelines, are often used by courts to assess whether a property was maintained to a reasonable standard.

Public property claims usually follow the canton’s public liability law. In the canton of Solothurn, claims involving damages caused by the canton, its municipalities, or their agents are handled under cantonal public liability rules, which specify how and where to file claims and may require a preliminary administrative process before a court action. Municipal regulations also address winter service. Property owners or occupants can be required to clear adjacent sidewalks at specified times, and the municipality has its own clearing obligations for public paths and roads. Whether a failure occurred depends on the local ordinance, weather severity, and what is reasonably feasible.

Limitation periods are important. For most tort claims, you generally have 3 years from the day you knew of the damage and the liable party to bring a claim, and an absolute period of 10 years. For bodily injury, the absolute period is typically 20 years. Special rules can suspend or interrupt these periods in specific circumstances, and different time limits may apply to claims against public bodies. Seek local advice quickly to protect your rights.

Swiss civil procedure typically requires a conciliation step before filing a lawsuit, held by the conciliation authority in the district where the defendant is domiciled or where the accident occurred. Smaller monetary claims can follow simplified procedures. Claims against public entities often start with a written claim to the relevant authority under the cantonal public liability law rather than with the civil conciliation authority.

Insurance is central. Private liability insurance, building insurance, and business liability insurance frequently cover premises risks. For injured persons, mandatory accident insurance for employees or basic health insurance can pay medical costs initially, and the insurer may exercise recourse rights against the liable party.

Frequently Asked Questions

What does premises liability mean in Switzerland?

It is the responsibility of an owner or occupier to keep buildings and other works reasonably safe. If a construction defect or lack of maintenance causes injury or damage, the owner can be liable under article 58 of the Swiss Code of Obligations. Separate duties can also arise from general tort law and contracts, such as leases.

Who can be held liable for an accident on property in Dornach?

Potentially responsible parties include the property owner, a tenant or occupier who controls the area, a business that invited the public, a maintenance contractor, a construction company, or the municipality or canton for public spaces. Liability depends on who had the duty to build safely, maintain, or warn.

What do I need to prove to win a premises liability case?

You generally must prove a defect or hazardous condition, that the defect caused your injury or loss, and the extent of your damages. In owner liability cases under article 58, you do not need to prove the owner’s fault, only the existence of a defect or inadequate maintenance. Evidence such as photos, witness statements, incident reports, weather data, and maintenance logs is vital.

How long do I have to bring a claim?

For most tort claims, the relative limitation period is 3 years from when you knew the damage and the liable person, with a 10 year absolute limit. For bodily injury, the absolute period is typically 20 years. Different or shorter steps may apply for claims against public entities. Because time limits can be complex, act promptly.

Are slips on snow or ice always the owner’s fault?

No. Liability depends on whether the person responsible for the area took reasonable measures given the weather and local rules. Municipal ordinances in the Dornach area can require clearing during certain hours, but in extreme or ongoing snowfall, immediate ice free conditions everywhere may not be required. Comparative fault can reduce compensation if a person ignored obvious risks.

I was injured on a municipal sidewalk or in a public building. How do claims work?

Claims against public bodies in the canton of Solothurn are governed by the cantonal public liability law. You typically file a written claim with the competent authority first. Only if the claim is denied or not resolved can you take the matter to the competent court. Deadlines and procedural rules differ from private civil cases.

What compensation can I recover?

Compensation can include medical expenses, rehabilitation costs, lost income, household help, property damage, and in serious cases compensation for pain and suffering. If your accident insurer or health insurer paid benefits, they may have recourse against the liable party. Courts reduce compensation if you were partly at fault.

Will my insurance affect my claim?

Yes. If you are employed, mandatory accident insurance usually covers medical costs and part of lost wages. Health insurance covers medical costs for non occupational accidents subject to deductibles and copayments. Your insurers may later seek reimbursement from the liable party. Notify your insurers promptly and follow their reporting rules.

Do I have to go to court?

Often, no. Many cases settle after evidence is exchanged and insurers evaluate liability. If settlement is not possible, a conciliation hearing is usually required before filing a civil lawsuit. For public body claims, an administrative claim process comes first. A lawyer can advise on strategy and mandatory steps.

How much does a lawyer cost, and are contingency fees allowed?

Lawyers in Switzerland typically bill by the hour and court fee tariffs may apply in litigation. Pure contingency fees are not permitted, but a success related bonus on top of a base fee can be agreed in some cases. Legal expense insurance can cover part of the costs. Ask for a clear fee agreement at the start.

Additional Resources

Swiss Code of Obligations articles on tort, owner liability for buildings and other works, employer liability, and contractual duties.

Swiss Civil Code provisions on neighbor law and property rights.

Swiss Civil Procedure Code for conciliation and court procedures, including simplified procedures for lower value claims.

Canton of Solothurn public liability law for claims against the canton and municipalities, and municipal ordinances on winter service and sidewalk clearing in Dornach.

SIA building norms and recognized technical standards that inform what is considered reasonable maintenance and safety.

Swiss Council for Accident Prevention bfu guidance on fall and slip prevention in public and private spaces.

SUVA guidance for workplace and construction site safety and accident reporting.

Tenants associations and homeowner associations for practical guidance on defect reporting and maintenance duties in residential properties.

Next Steps

Seek medical attention and report the incident to your accident or health insurer immediately. Keep all medical records and receipts.

Document the scene as soon as possible with photographs or video, note weather conditions, collect names and contacts of witnesses, and request any incident reports from the property manager or business.

Notify the property owner, occupier, or business in writing. If public property is involved, identify the competent municipal or cantonal authority and file a written claim according to the Solothurn public liability rules.

Consult a lawyer experienced in premises liability in the Dornach area. Early legal advice helps secure evidence, meet time limits, and identify the correct defendant and forum.

Coordinate with your insurers. Provide them with the facts and ask about coverage, benefits, and any subrogation or recourse steps they will take.

Preserve deadlines. Diary the 3 year relative limitation and the 10 or 20 year absolute limits, and any shorter administrative deadlines that may apply to public body claims. Do not rely on informal assurances that time limits will be extended.

Consider settlement. After liability and damages are supported with evidence, many claims resolve through negotiation or at the conciliation stage. If settlement is not possible, your lawyer can file suit within the applicable time limits.