Facts
The then five-year-old L. was struck in the head and seriously injured on November 11, 2000, on a horse pasture near his home by a kicking horse. L.'s parents subsequently sued the animal owner X. for damages. The District Court of Einsiedeln and the Cantonal Court of Schwyz found the defendant X. liable for the resulting damage under Art. 56 para. 1 CO. The defendant has appealed the judgment of the Cantonal Court by way of federal appeal.
Considerations
Pursuant to Art. 56 para. 1 CO, the animal owner is liable for damage caused by his animal, unless he proves that he has exercised all due care required by the circumstances in the custody and supervision of the animal or that the damage would have occurred even with the exercise of such care. The lower court found that the electric fence used by the defendant did not comply with the recommendations of the Advisory Center for Accident Prevention in Agriculture (BUL) and thus the required due care was not observed.
The…