Facts
On July 4, 1985, F. C. was the victim of a serious carbon monoxide poisoning in a bathroom equipped with a gas-fired water heater, located in a chalet owned by R. S. and Mrs. M. F. C. was declared 100% disabled and became dependent on his wife. S. C., F. C.'s wife, and their daughter G., born in 1984, brought an action against R. S. and Mrs. M. for compensation for the moral damages suffered.
The Cantonal Court of the canton of Valais dismissed G. C.'s action and awarded an indemnity of 30,000 francs to S. C. G. C. appealed to the Federal Court, requesting that the defendants be condemned to pay her 30,000 francs with interest.
Considerations
The Federal Court examined the joint and several liability of the co-owners of the defective structure, in this case the gas-fired water heater. It considered that the co-owners are jointly and severally liable to third parties, as they are all in the same relationship with regard to the structure whose construction defects or lack of maintenance caused the damage.
The Federal Court also examined the issue of compensation for the moral damages suffered by G. C., who was under one year old at the time of the accident. It considered that G. C.'s moral suffering will be exceptional, as she will have to live her entire…