Facts
C.X. had worked as a machine mechanic at Y. AG (the respondent) since the beginning of his apprenticeship in 1962 and fell ill with a malignant pleural mesothelioma in 2004, which led to his death on November 10, 2005. His daughters A.X. and B.X. (the appellants) joined the proceedings after his death and claimed compensation and satisfaction, as the illness had been caused by asbestos exposure in the workplace.
The claim was dismissed by the Labor Court and the High Court of the Canton of Aargau, as the claims were considered time-barred. The appellants then filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the statute of limitations gives the debtor the possibility to oppose the enforcement of a claim after a certain period of time. It does not affect the existence or the origin of a claim, but only its enforceability.
The law provides for the statute of limitations primarily for reasons of legal certainty and social peace. It is intended to protect the debtor from unlimited uncertainty about his obligation to perform and to encourage the creditor to assert his claims within a reasonable period of time.
According to the case law of the Federal Supreme Court, the ten-year statute of limitations for compensation and satisfaction claims due to contractual personal injury begins with the breach of the contractual duty, regardless of when the damage occurs. The claims therefore become due immediately upon the breach of duty.
The Federal Supreme Court sees no reason to deviate from this case…