Facts
The defendant, a 15-year-old student, took care of a Freiberger mare named "Nora" and its foal for several weeks during the summer holidays of 1992. On July 24, 1992, the plaintiff, a 21-year-old woman, accompanied the defendant on a ride. The plaintiff mounted the horse while the defendant led it by the halter. When the defendant released the halter, the mare suddenly bolted and galloped towards the stable where the foal was kept. The plaintiff fell off the horse and suffered a malleolar fracture with permanent damage.
The plaintiff requested the District Court of Lucerne-Land to order the defendant to pay her the uncovered loss of earnings amounting to CHF 40,147.20 plus 5% interest. The District Court dismissed the complaint, as the defendant had provided exculpatory evidence. The plaintiff appealed against this judgment.
The FJA overturned the judgment of the District Court and referred the case back for re-trial. The District Court partially upheld the complaint and ordered the defendant to pay the plaintiff CHF 18,900.95. The defendant appealed against this judgment.
The FJA confirmed the judgment of the District Court and awarded the plaintiff compensation for the uncovered loss of earnings amounting to CHF 28,351.45. The defendant filed an appeal with the Federal Court.
Considerations
The Federal Court examined whether the appeal was admissible. It found that the court of first instance had rendered a final judgment against which the appeal was admissible.
The Federal Court then reviewed whether the court of first instance had rightly qualified the defendant as the animal keeper. It found that the defendant had exercised actual control over the horse "Nora" and its foal during her summer holidays and that…