Facts
On August 23, 1987, the 80-year-old Lise [C.] fell when leaving the toilets in Hotel [B.] in the entrance area over a 12-centimeter-high step and sustained injuries. Mrs. [C.] subsequently filed a lawsuit against the owner of the hotel, Hotel [B. AG], and claimed damages and satisfaction.
The Court of Appeal of the Canton of Bern dismissed the claim, as it did not find any defect in the work. Against this judgment, Mrs. [C.] appealed to the Federal Supreme Court, which was upheld.
Considerations
Pursuant to Art. 58 para. 1 CO, the owner of a work is liable for damages caused by defective construction or inadequate maintenance of the work. A defect exists if the work does not provide sufficient safety when used for its intended purpose.
The step in the entrance area of the hotel toilets was technically flawlessly constructed and placed in a suitable, well-visible location. However, a single step can easily be overlooked, which is why the defendant should have made…