Facts
On 8 September 2004, the Federal Court handed down a judgment in the case of Politique Gemeinde Vilters-Wangs and [A.] v. B. AG. The facts of the case are as follows: a three-and-a-half-year-old child, [A.], was the victim of an accident while on an access road to a residential building. The road in question runs along a canal and is not equipped with safety barriers. The child lost her balance and fell into the canal, resulting in serious injuries.
The child's parents brought an action against the municipality of Vilters-Wangs and the company B. AG, owner of the canal, seeking compensation for medical expenses and damages. The municipality and the company denied any liability for the accident.
The Cantonal Court dismissed the parents' claim, considering that the access road was sufficiently secure and that the accident was due to the parents' negligence. The parents appealed to the Federal Court.
Considerations
1. Liability of the owner of a construction project
The Federal Court examined the issue of the liability of the owner of a construction project in the event of child accidents. According to Article 58 of the Code of Obligations (CO), the owner of a construction project is liable for damages caused by defects in the construction or maintenance of the project.
The Court considered that the access road and the canal constituted two separate construction projects, each with its own owner. The liability of the owner of a construction project can only be engaged if the project has a defect in construction or maintenance that caused the damage.
2. Absence of defect in construction or maintenance
The Court examined the circumstances of the…