Is the developer liable for an error in the software resulting in harm to health?

Question

Law in IT

A developer from Russia works under a contract with a customer from Switzerland. The customer provides a health insurance service. When something happens to the client, the client software reacts and sends help. If a mistake occurs and there is no help, then harm can be done by inaction. The contract with the developer states the following (relevant is selected; the rest apparently does not apply):

5. Warranties and Limitations
(5.b) Developer will use reasonable efforts to attempt to correct any reported design or programming errors as a service to be provided under this agreement.
(5.d) The Developer shall exercise reasonable care and proper diligence in its provision of the services.
The developer warrants that:
(a) he has superior skill, specialized knowledge and ability to perform the Services;
(b) the services performed hereunder will conform to the customarily accepted standards in the applicable industry;
(c) he will use its best efforts to render the Services required in a timely and diligent manner;
(d) he will perform the necessary tests to guarantee the good functioning in a normal usage of the applications or systems to be delivered.
11. Controlling Law and Arbitration
This agreement shall be interpreted and enforced in accordance with the laws of Switzerland. ...

Answer 1

In this paragraph, you are responsible for what is written: for the software to work, quality, tests.
As written above, to guarantee, include a paragraph about the absence of liability for losses of third parties.

Answer 2

It is impossible to attract you specifically for causing damage to life and health, since under the contract you are not responsible for them. However, if there is no explicit clause in the contract about direct or indirect damage and the procedure for their compensation, then the customer can sue you if he receives a claim from the client. In this case, everything is decided in court. If the court decides that the situation arose solely through your fault, for example, the functionality did not work correctly, the performance of which is clearly defined by the terms of reference, then it may well be that you will have to pay compensation in full. Therefore, in contracts for software or its development, it is almost mandatory to write a clause on the limitation of liability, and in those. the task necessarily determines the test period of operation. Even with good design,