Facts
Robert Taulemesse, a French merchant, suffered serious injuries after falling into a cement pit while fleeing from a guard dog belonging to Adrien Badoux, the owner of an agricultural estate including a café-restaurant. Taulemesse filed a claim for damages and compensation for moral injury against Badoux. The Cantonal Court ordered Badoux to pay partial compensation, but Taulemesse appealed to the Federal Tribunal to obtain higher compensation.Considerations
1. According to art. 56 CO, the keeper of an animal is liable for the damages caused, unless they prove that they have taken all the supervisory measures required by the circumstances. In this case, the Federal Tribunal considers that Badoux has not provided this exculpatory evidence. Although the dog was tethered, its chain was too long, allowing the dog to exit the barn and attack. Furthermore, the warning signs were too small and not very visible. Badoux should have better delimited the access to the agricultural estate to separate the area accessible to the public from the café-restaurant. 2. The Federal Tribunal acknowledges the adequate causal link between the dog's attack and Taulemesse's injuries, as he reacted instinctively by trying to flee towards the silo. 3. Although Taulemesse's reaction in running towards the silo was clumsy, the Federal Tribunal considers that he did…