Facts
The case concerns an accident that occurred on 20 March 1990, in which an employee, F., died from his injuries after being crushed by an electric hydraulic elevator in an elevator. The elevator had been delivered by company E. AG, managed by G., to company C. AG for its carpentry workshop. The elevator was used to transport Corian plates between the production area and storage.
The district court of Bremgarten convicted G. of negligent homicide and fined him 3,000 Swiss francs. The canton of Argovia's court of appeal dismissed G.'s appeal against this decision. G. then filed a nullity appeal with the Federal Court, which dismissed his appeal.
Considerations
The Federal Court considered that the seller of a product whose use can be dangerous to life or health is guilty of culpable negligence if it does not carry out a thorough check of its operation, nor searches for potential hidden defects. In this case, the elevator delivered by company E. AG did not have sufficient anti-tilting safety for Corian plates, which caused the accident.
The Federal Court also considered that the defendant, as director of company E. AG, had the obligation to ensure that the elevator was safe for the intended use. He violated this obligation by not checking if the elevator had sufficient anti-tilting safety for Corian plates.
The Federal Court further considered that the defendant had committed a serious fault by not taking the necessary measures to prevent the accident,…