Question juridique clé
Whether the injured passenger's damages claim had to be reduced under Art. 44 OR because he rode unbelted and knew the driver was intoxicated.
Solution extraite
Yes. The passenger's self-endangerment justified a 20% reduction of the compensation claim.
Motifs extraits
Non-use of the seat belt is presumed causally relevant to the injuries, especially head injuries. In addition, the passenger knew or had to know that L. had consumed a non-negligible amount of alcohol and therefore accepted the increased risk of riding with an impaired driver. No circumstances justified a greater reduction or a full denial.