Facts
The case concerns an accident in which the plaintiff, Otto Burren, suffered a severe brain injury when he fell while carrying a heavy cabinet into a house. The plaintiff filed a claim for damages and satisfaction against the defendants, Fritz Schärer, an architect and general contractor, and Fritz Flückiger, the owner of a construction carpentry business.
The Appellate Court of the Canton of Bern had held Schärer and Flückiger partially liable for the damage, but reduced the amount of compensation. Both the plaintiff and the defendants appealed.
Considerations
The Federal Supreme Court held that the burden of assertion provided for in the cantonal procedural law can only apply to the party with the burden of proof under federal law, not to their opponent in the proceedings. Therefore, it was up to the defendants to prove that the plaintiff had already been aware of the damage before filing the claim and that the statute of limitations had expired.
Regarding the liability of the defendants, the Federal Supreme Court found that this was a case of concurrent claims (improper solidarity). Each defendant is liable to the plaintiff for the entire damage, until it is fully covered. The conduct of one responsible party only relieves the…