Legislator Case Law & Legislation
11 04 109 • KG LU 11 04 109 AI generated

Damages Calculation for Partially Disabled Part-Time Worker's Household Services

Case Number 11 04 109
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court addressed the determination of household damages under Article 42 of the Code of Obligations for an injured party partially employed at 50%, following a whiplash injury that resulted in partial disability. The court reasoned that while statistical data like the Swiss Labour Force Survey (SAKE) tables are the basis for calculating the economic value of lost household services, these tables lack specific categories for part-time workers. Therefore, consistent with expert recommendations, the court ruled that for a 50% part-time worker, the appropriate hourly estimate for household effort should be calculated as the arithmetic mean between the figures provided for fully employed and non-employed individuals in the relevant SAKE tables, in the absence of specific factual evidence warranting a different approach.

Legislator headnote

AI generated

Art. 42 OR; Damages Calculation for Partially Disabled Part-Time Worker's Household Services: The court reasoned that while statistical data like the Swiss Labour Force Survey (SAKE) tables are the basis for calculating the economic value of lost household services, these tables lack specific categories for part-time workers. Therefore, consistent with expert recommendations, the court ruled that for a 50% part-time worker, the appropriate hourly estimate for household effort should be calculated as the arithmetic mean between the figures provided for fully employed and non-employed individuals in the relevant SAKE tables, in the absence of specific factual evidence warranting a different approach.

Keywords

AI generated
calculation of damages basis of calculation whiplash injury disability pension calculation determination of value determination of work incapacity

Cited Legislation

AI generated

Cited Case Law

AI generated
AI generated

Key legal questions extracted by Legislator

AI generated
Art. 42 OR

This article formed the substantive basis for calculating the household damage claim.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text

Rechtsprechung Luzern

Instanz: · Obergericht Abteilung: · I. Kammer Rechtsgebiet: · OR (Obligationenrecht) Entscheiddatum: · 02.11.2005 Fallnummer: · 11 04 109 LGVE: · 2006 I Nr. 14 Leitsatz: · Art. 42 OR. Bestimmung des Haushaltsschadens bei Teilzeiterwerbstätigen. Rechtskraft: · Diese Entscheidung ist rechtskräftig.