Liability of the Owner of a Road Under Construction

Facts

In August 1979, the Canton of Vaud was carrying out correction and renovation work on the cantonal road of the Mollendruz. On August 17, 1979, the driver of a truck belonging to the company Carlin S.A. lost control of his vehicle in a curve, the truck overturned in the ditch, causing damages of 73,850 francs.

Carlin S.A. sued the Canton of Vaud for payment of this amount, invoking the liability of the road owner under Art. 58 CO. The Cantonal Court dismissed the claim, and Carlin S.A. appealed to the Federal Tribunal.

Considerations

The Federal Tribunal dismissed the appeal. It considered that the owner of a road under construction, although left open to traffic, is liable under Art. 58 CO for construction or maintenance defects, but only to the extent that they affect the normal use of the road. Users must exercise particular caution when using a road under renovation and adapt to the traffic conditions.

In this case, the Federal…