Question juridique clé
Whether the employer's omission in workplace safety amounted to gross negligence under former Art. 44 al. 2 aLAA, allowing civil claims.
Solution extraite
Any possible omission was not a gross negligence; the accident was unusually unforeseeable, so civil liability was excluded.
Motifs extraits
The court held that the fatal intoxication was an exceptional and scarcely foreseeable event. Since similar work had previously been performed without incident and the need for the omitted precautions was not apparent, the omission did not reach the threshold of gross negligence required by former Art. 44 al. 2 aLAA.