Liability of an animal keeper and a property owner
The animal keeper's liability
Art. 56 CO establishes strict liability for an animal's keeper for damage the animal causes, regardless of any fault on their part. The keeper can only be released from liability by proving they exercised all the care required by the circumstances to prevent the damage, or that the damage would have occurred even with such care.
The building owner's liability
Art. 58 CO establishes strict liability for the owner of a building or other structure for damage resulting from a defect in its construction or maintenance. This liability covers, in particular, accidents caused by a poorly maintained staircase, a facade coming loose, or a defective installation.
Recourse against a liable third party
An owner who has compensated an injured party in principle retains a right of recourse against the contractor or tradesperson whose defective work caused the damage, under the general rules of contractual liability and the limitation periods applicable to that recourse.
The importance of private liability insurance
This strict liability explains the value of private liability insurance for any animal keeper or property owner, which in principle covers damage caused to third parties within the limits and exclusions provided by the policy taken out.
Frequently asked questions
Am I liable if my dog bites someone even without negligence on my part?
In principle yes: art. 56 CO establishes strict liability for an animal's keeper, who can only be released from liability by proving they exercised all the care required by the circumstances to prevent the damage.
Who is liable if a poorly maintained staircase causes a fall?
The building's owner, based on art. 58 CO, which establishes strict liability for damage resulting from a defect in the construction or maintenance of the structure.
Can the owner recover from the contractor responsible for the defect?
Yes, they in principle retain a right of recourse against the contractor or tradesperson responsible for the defect, under the rules of contractual liability and within the applicable limitation periods.