Verantwortlichkeit bei waldtypischen Gefahren: Beispiele aus der Gerichtspraxis

Abstract

According to the Forest Policy 2020 of the Federal Council the share of old and dead wood should increase in Swiss forests. On the one hand, this is connected to positive ecological effects but on the other, to dangers, responsibilities and liability risks. Recent court and administrative decisions relating to accidents due to typical forest hazards such as falling trees and branches illustrate the legal situation for forest owners and enterprises as well as for forestry professionals. In the wooded environment near buildings and equipment there are obligations for the safety of traffic and passers-by. However, these obligations are limited by the reasonableness of protective measures and the personal responsibility of forest users. In this paper, the liability issue is illustrated by three legal case studies. The cases are assessed by the author, and the essential legal basis for liability is briefly summarized.