Facts
The parents of the deceased A. [X.] (appellants) filed a claim against [D.] (respondent) for payment of compensation of CHF 300,000.--. The respondent had briefly supervised the then just under four-year-old [A.] on April 2, 2001, while her parents left the place of residence for errands. [A.] suffered an accident during this time, which led to serious injuries and her subsequent disability. The District Court of Dielsdorf ordered the respondent to pay the plaintiff a compensation of CHF 200,000.--. However, the High Court of the Canton of Zurich dismissed the claim, as it qualified the care of [A.] by the respondent as an accommodation and not as a contract. Consequently, the plaintiff bears the burden of proof for a breach of the duty of care by the respondent, which she failed to do.Considerations
The Federal Court upheld the decision of the High Court. It stated that in the case of an accommodation, the person providing the service is generally only liable for the usual care. The lower court had rightly recognized…