Court:

Federal Supreme Court, 14 May 1985 (Chaises pliables / Folding chair)

Articles:

Journal des tribunaux 1986 I 571 (legal basis: art. 55 and 41 CO)

Facts:

A folding chair was manufactured in Italy, imported by the defendant to Switzerland and finally sold to a dentist who used it in his practice. When the patient tried to sit down on the chair, it broke down due to a defective design and the patient's spinal column was seriously injured. The patient brought a claim for 199.000 Swiss francs in damages against the importing company with which he did not have a contractual relationship.

Decision:

The Court held that even though the importer is not under a duty to examine the quality of all products he buys and sells, he must examine the product as to the obvious and most apparent defects which are easy to check if the product is new on the market and has been manufactured by a producer not known to the importer or known to him but of whom he has reason to doubt the quality of his products. In the case of a chair, the control must cover the parts exposed to the weight of the user.