Facts
On 14 February 1953, Dora Ackermann was walking with her 2.5-year-old daughter Isabelle and a German shepherd on a leash, when the Chow-Chow dog of Hans Blaser exited the garden and bit Isabelle in the face. Isabelle suffered a serious injury requiring 12 stitches and developed a hypertrophic and unsightly scar. Isabelle Ackermann sued Hans Blaser for damages and moral compensation.Considerations
The Federal Tribunal considered that the dog owner, Hans Blaser, had to compensate the full extent of the damage suffered by Isabelle, in accordance with Art. 56(1) CO. This includes medical expenses, estimated at 100-500 CHF for a possible surgical intervention to improve the appearance of the scar. Although this intervention should not affect Isabelle's work capacity, the Tribunal recognized that she would suffer some inconvenience in her professional path and marriage prospects due to the persistent scar, even if attenuated. The Tribunal therefore estimated the damages at 7,000 CHF, without the fact that the owner had not committed a fault allowing to reduce this amount.
Regarding moral damages, the Tribunal awarded 2,000 CHF to Isabelle for the suffering endured and the significant…