Damages Calculation for Partially Disabled Part-Time Worker's Household Services

The court addressed the determination of household damages under Article 42 of the Code of Obligations for an injured party partially employed at 50%, following a whiplash injury that resulted in partial disability. The court reasoned that while statistical data like the Swiss Labour Force Survey (SAKE) tables are the basis for calculating the economic value of lost household services, these tables lack specific categories for part-time workers. Therefore, consistent with expert recommendations, the court ruled that for a 50% part-time worker, the appropriate hourly estimate for household effort should be calculated as the arithmetic mean between the figures provided for fully employed and non-employed individuals in the relevant SAKE tables, in the absence of specific factual evidence warranting a different approach.