Facts
The case concerns an accident on a construction site in E., in which employee [Y.] of [B. GmbH] fell from a height of approximately five meters and sustained injuries to both feet. The complainant X. was commissioned as an independent architect for the project planning and construction management of the construction project. The general contractor work was carried out by [B. GmbH], whose employees A. and the injured party [Y.] were on site at the time of the accident.
The High Court of the Canton of Solothurn convicted X. in the second instance of negligent serious bodily injury and endangerment through negligent violation of the rules of construction. X. received a suspended fine and was held fully liable.
Considerations
The Federal Supreme Court dismisses X.'s appeal. It states that as construction manager, X. had a guarantor position and was obliged to take the necessary organizational and planning measures to ensure that a facade scaffold was erected in a timely manner. However, X. failed to order the erection of a scaffold, although he knew that the workers were already working at a height that would have required a scaffold.
The Federal Supreme…