Insurer forced to pay after olive tooth accident
19 May 2011, 08:58
Published: 19 May 2011 11:26 GMT+02:00
Updated: 19 May 2011 08:58 GMT+02:00
The accident occurred after the unidentified woman bought a pack of pitted olives at a local supermarket to add flavour to the home-baked bread, said a report on the Corriere del Ticino newspaper.
A court in Freiburg had already ruled it an accident, saying that while the presence of stones could not be excluded with certainty in such packages, it remained “an extraordinary occurrence,” that consumers cannot be expected to foresee, said the paper.
The insurance company later appealed to the higher court in Lausanne, arguing that instructions on the package warned consumers about the possible presence of pits, but the court ruled in favour of the woman, it said.
According to the court, the warning would have been decisive only if written in a larger font or if placed in a prominent position.