Liability of the Contractor for the Faults of their Worker

Facts

La Neuchâteloise, a Swiss insurance company, has sued the contractor Jérôme Gini and the worker Francis Durlemann before the Geneva courts after a fire destroyed an insured outbuilding belonging to Joseph Peroni. The fire was caused by the flame of a welding lamp used by Durlemann to strip the paint from a door. La Neuchâteloise, having indemnified Peroni, has sought reimbursement from Gini and Durlemann.

Considerations

1. Regarding Durlemann: - Durlemann committed a fault by neglecting to ensure that the interior of the building did not contain highly flammable materials. La Neuchâteloise is therefore subrogated to Peroni's rights against Durlemann under Art. 72(1) IPA. - However, as Durlemann's fault was minor, the indemnity to be borne by him is reduced to 4,000 francs pursuant to Art. 44(2) CO. 2. Regarding Gini: - The omission to sufficiently instruct and supervise his workers does not constitute a delictual fault under Art. 41 CO, but falls under the liability provided for in Art. 55 CO. - Gini did not…