Questione giuridica chiave
Whether the tooth fracture while eating noodles qualifies as an accident under Art. 9 para. 1 OLAA.
Decisione estratta
Yes. Finding a hard foreign body in the dish was an extraordinary external event within the meaning of the accident definition.
Motivazione estratta
The expert report showed, on a balance of probabilities, that the tooth was strong enough not to have fractured during ordinary chewing; the break therefore required the presence of a hard foreign object, which is an external extraordinary factor.