Court:

Federal Supreme Court 16.3.1964 (Thermostat-case)

Articles:

ATF/BGE 90 II 86 (legal basis: art. 55 CO)

Facts:

A thermostat was incorrectely installed in an oven used in a hotel kitchen. It overheated, leading to a fire which destroyed the kitchen and damaged the hotel. The thermostat had been installed by an electrician employed by the manufacturer of the oven. The limitation period for contractual claims against the seller / manufacturer had expired.

Decision:

In this second early case on art. 55 CO, the Federal Supreme Court held that the employer of the electrician who had committed the fault had all reasons to trust in the experience of his employee and that he had properly instructed him. The court held that the employer had proven that he had taken all precautions which were appropriate under the circumstances in order to prevent the damage and that, therefore, he was not liable under art. 55 CO.