Decision on the Civil Liability of Railway Companies and Compensation for Future Loss of Earnings

Facts

- A child was seriously injured after slipping under the closed barriers of a level crossing of the Deutsche Bundesbahn. The child's parents filed a damages claim against the railway company. - The cantonal court ordered the Deutsche Bundesbahn to pay compensation to the injured child, including for the estimated 70% future loss of earnings. The company appealed this decision. - The higher court confirmed the company's liability and the compensation for medical expenses and prostheses, but reserved a subsequent revision of the compensation for future loss of earnings. - The Deutsche Bundesbahn appealed to the Federal Tribunal, contesting the amount of compensation for future loss of earnings.

Considerations

- According to case law, the fault of a third party (here the parents) only releases the railway company from liability if this fault has so influenced the accident that the risk associated with railway operations is no longer the adequate cause of the accident. In this case, the parents' supervision was not seriously deficient to the point of exonerating the company. - The judge cannot reject a claim for compensation for future loss of earnings on the grounds that the damage would be difficult to assess. They must rule on this claim, even if reserving a revision of the judgment…