Pushed off truck by crane load: Federal Court upholds conviction, 20% contributory fault
23/09/2026 · Federal Supreme Court · GE · Seriously injured · 6B_341/2025, 6B_349/2025
What happened Unloading insulation pallets on a narrow street, the driver worked the crane from the control post on the far side. He lifted a pallet while a carpenter was still on the deck standing on other pallets; the load knocked him to the ground.
What the court decided The police court (29.7.2024) and the Geneva Court of Justice (5.3.2025) convicted both. The Federal Court upheld the crane operator’s conviction; the employer’s head no longer contested his. With 20% contributory fault by the injured worker, moral damages fall from CHF 160,000 to CHF 128,000.
Why The worker stayed near the moving load and had 1.36–1.72 g/kg of alcohol in his blood. As nobody had briefed him for unloading, his fault was minor. The lower court had ruled out contributory fault because safety rules exist to guard against such carelessness; the Federal Court disagreed and set it at 20%.
- Supplier’s driver and crane operator: convicted of serious bodily harm by negligence, 180 day-fines of CHF 30 (total CHF 5,400), suspended. Lifted the load blind and without a signaller – conviction upheld.
- Head of the employer: convicted of serious bodily harm by negligence, 140 day-fines of CHF 110 (total CHF 15,400), suspended. Conviction no longer contested; damages cut for contributory fault.
If you cannot see the load or hook, you need a trained signaller, not someone directing traffic on the side. Brief everyone helping to unload beforehand: out of the slewing zone while the load moves.
Source: entscheidsuche.ch (FR)