A sofa, a van and a cigarette – what sounds like the beginning of a bad joke became a fiery reality on the A1 motorway near Henau SG last year. A 43-year-old man was transporting a sofa, among other things, in his van when he felt like having a cigarette. Unfortunately, the cigarette not only got into his lungs, but also onto his furniture. A blazing sofa fire broke out in the middle of the loading area.

But the man showed presence of mind – or was it simply panic? He steered the vehicle onto the hard shoulder and unceremoniously threw the burning sofa into the ditch. Who needs a fire extinguisher when you can simply dispose of the entire piece of furniture?

The fire brigade and police arrived. Some extinguished the fire, others were amazed – and we lawyers rubbed our hands together: a case straight out of the textbook of curious traffic incidents.

Smoke signals from the penal code

From a legal perspective, Art. 222 para. 1 of the Swiss Criminal Code – negligently causing a conflagration – is at issue here. Anyone who, through carelessness, starts a fire that can endanger people or destroy property has a real problem. In this case, the fire was decorative (after all, a burning sofa is a real eye-catcher on the A1), but it was also dangerous.

Although no one was harmed – except perhaps the sofa, which ended its last appearance flambéed – the basic rule is: anyone who throws glowing objects out of the window must expect severe consequences.

Smoking ban – now also for your couch?

For all those who transport furniture on the motorway for business or pleasure: Please do not use flammable objects on flammable objects. There are good reasons why sofas are placed in flats and not on fire.

And the next time you see someone flicking a fag while driving, shout calmly to them: „That can go in your eye – or at least in the upholstery!“