Question juridique clé
Whether the dental injury caused by biting a cherry pit in jam constitutes an accident under social insurance law.
Solution extraite
Yes. Given the circumstances, the insured could not reasonably expect cherry pits or fragments in jam made from pitted cherries; the extraordinary external cause requirement was met.
Motifs extraits
Swiss case law treats a tooth break as accidental when caused by a hard external element unexpected in the food. Jam made from pitted cherries normally contains no pits, and the insured had previously consumed such jam without incident. It is irrelevant whether pitting was industrial, mechanical, or manual.