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No masks in public transport – do the federal government and cantons violate their duty of care? – News

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Despite the increasing number of cases, there is no obligation to wear a mask in Switzerland. This could lead to claims for damages.

18, 44, 52, 58, 69: The increase in newly infected people in the last few days is worrying the Swiss. Nevertheless, there is no national mask requirement.

If a passenger falls ill, he can complain

“This is legally problematic,” lawyer Martin Hablützel told SRF. He is a specialist in liability law and believes that the federal government and the cantons violate their duty of care because they do not introduce a mask requirement.

For lawyer Martin Hablützel it is clear that it is the task of the federal government and the cantons to protect the population from the transmission of the Covid 19 virus. Just as it is defined in the epidemic law. That means: If a public transport passenger suffers from the virus, he can complain. Hablützel: “If the passenger provides proof that he was infected in public transport, that he becomes ill and suffers damage, he can claim compensation from the federal government.”

«If the passenger provides evidence that he was infected in public transport, became ill and suffered damage, he can claim compensation from the federal government.

Legal professor Thomas Gächter agrees with Hablützel, but sees two problems. “The effectiveness of the mask requirement is not fully scientifically proven and the connection between the spread and the omission of the mask requirement is very difficult to prove.”

SRF has also asked the federal government for an assessment – unfortunately to no avail.

«Mask requirement not justified yet»

However, Lukas Engelberger, the President of the Health Directors’ Conference (GDK), was reachable. He weighs it up: “Liability issues are currently not a priority for me. It is now a matter of coping with the crisis. To cope properly. » In addition, the cantons and the Confederation are convinced that the mask requirement in public transport is not justified today.

Liability issues are currently not in the foreground for me. It is now a matter of coping with the crisis. To cope properly.

Lawyer Hablützel says: “You know the necessary security measures. It is an easy way to order a mask requirement. If this is not introduced, the federal government can be held responsible. »

Are the federal government and the cantons really violating their duty of care? One thing is clear: in the end, the courts decide if there are complaints.

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