Question juridique clé
Whether the employer committed gross negligence so that the old SUVA employer privilege did not bar civil liability under Art. 44 para. 2 aLAA.
Solution extraite
The cooperative’s conduct amounted to gross negligence; the statutory limitation of liability did not apply.
Motifs extraits
It sent an untrained worker to operate a dangerous machine, failed to post instructions, and did not repair a known safety-device failure. Those omissions violated elementary prudence.