Facts
The Swiss Confederation, acting through the Federal Roads Office (ASTRA), was sued by [A.] for damages based on the work owner's liability under Art. 58 CO. [A.] had an accident with her motorcycle on July 17, 2011 on the A2 motorway in a left-hand curve between the Sonnenberg Tunnel and the Reussport Tunnel. The Cantonal Court of Lucerne ordered the Confederation to pay [A.] an amount of CHF 13,012.05 plus 5% interest from July 17, 2011.Considerations
The Federal Supreme Court dismissed the Confederation's appeal. It concluded that the lower court had rightly assumed a defect in the work under Art. 58 para. 1 CO. The road surface at the accident site was very slippery, which was confirmed by several witnesses. Since this danger was not recognizable in time with reasonable care for the respondent and she did not have to expect it under the circumstances, the appellant should…