Facts
Mrs. [A.] is the owner of a residential building with three apartments, one of which was occupied by X., his wife, and their children. On the evening of July 27, 1972, Mrs. X., who had been suffering from drug addiction since 1967, decided to commit suicide by inhaling cooking gas. This caused an explosion that severely damaged the building. Mrs. X. died before the explosion.
X. and his children are the sole heirs of Mrs. X. and have accepted the inheritance. X. was insured for civil liability with the Swiss Union for an amount of 500,000 francs.
After legal proceedings, Mrs. [A.] filed a payment action against X. and his children for the damages caused to her building. The Vaud Cantonal Court ordered the defendants to pay 12,440 francs to the plaintiff.
Mrs. [A.] appealed to the Federal Tribunal, requesting the defendants to pay 131,431 francs 40. The defendants filed a joint appeal to be released from liability.
Considerations
The Federal Tribunal held that the defendants' liability was engaged under Articles 97, 261, and 271 of the Code of Obligations (CO). Indeed, the opening of the taps of a gas appliance by the tenant or one of the persons for whom he is responsible, for the purpose of suicide, constitutes a use manifestly contrary to the lease. The tenant is liable for the damage caused to the rented property, even in the absence of fault on his part or that of his spouse.
The Federal Tribunal also rejected the defendants' objection that the damage had not yet occurred at the time of Mrs. X.'s death and the opening of the succession. It considered that the obligation to repair a damage is subject to the…