Negligent Endangerment through Violation of Construction Rules and Negligent Serious Bodily Harm

Facts

Appellant [A.] was the site manager during the construction of the [F.] development, while appellant [B.] , as co-owner of company [X. AG] , was responsible for the construction of the scaffolding. On September 18, 1996, plasterer [C.] fell from the scaffolding and suffered a severe traumatic brain injury. The scaffolding had neither an inner guardrail nor toe boards or consoles, which did not comply with the regulations of the VSA.

The District Court found [A.] and [B.] guilty of endangerment through violation of construction rules and negligent serious bodily harm and ordered them to pay damages and compensation to [C.] . The Court of Appeal dismissed the appeals of [A.] and [B.] regarding guilt and penalty, but set aside the civil claims and ordered [A.] and [B.] to pay damages and compensation to [C.] .

Considerations

The Federal Court examined the constitutional complaint of [A.] and the appeals of [A.] and [B.] . It concluded that the lower court had violated the recognized rules of construction by erecting the scaffolding without an inner guardrail and toe boards or consoles.

The Federal Court found that the lower court had rightly affirmed the criminal liability of [A.] and [B.] , as they were responsible as…