(PILA)

1 Claims based on a de­fect or de­fect­ive de­scrip­tion of a product are gov­erned at the op­tion of the in­jured party:

a.

by the law of the state in which the tort­feas­or has their es­tab­lish­ment or, in the ab­sence of such es­tab­lish­ment, their ha­bitu­al res­id­ence; or

b.

by the law of the state in which the product was ac­quired, un­less the tort­feas­or proves that the product was in­tro­duced in the mar­ket of that state without their con­sent.

2 If claims based on a de­fect or de­fect­ive de­scrip­tion of a product are gov­erned by a for­eign law, no com­pens­a­tion may be awar­ded in Switzer­land bey­ond that which would be awar­ded for such kind of loss or dam­age pur­su­ant to Swiss law.