220
ORCO
CH
CH
Art. 58 Bundesgesetz vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (OR)
OR; Erste Abteilung: Allgemeine Bestimmungen; Erster Titel: Die Entstehung der Obligationen; Zweiter Abschnitt: Die Entstehung durch unerlaubte Handlungen; E. Haftung des Werkeigentümers; I. Ersatzpflicht
Art. 58 OR
Der Eigentümer eines Gebäudes oder eines andern Werkes hat den Schaden zu ersetzen, den diese infolge von fehlerhafter Anlage oder Herstellung oder von mangelhafter Unterhaltung verursachen.
Vorbehalten bleibt ihm der Rückgriff auf andere, die ihm hierfür verantwortlich sind.
Gerichtsentscheide zu dieser Bestimmung (124)
RBOG.2010.Nr.26 · tg (Art. 58 OR)
Garage Door Collapse Liability Ruling
This provision establishes the liability of the owner of a work (the garage/gate) for damages caused by its defect, which forms the basis for the appellant's obligation to compensate.
VPB 03-0066-5761 (Art. 58 CO)
Federal Dam Safety and Strict Liability Act
This article of the Code of Obligations, concerning the liability of building owners, is mentioned as the current basis for civil liability regarding accumulation works, which is being modified by the new law.
RBOG.1996.Nr.7 · tg (Art. 58 Abs. 1 OR)
Scaffolding Fall and Gross Self-Negligence
This provision establishes the liability of the owner of a work (Werkeigentümerhaftung), which was analyzed regarding the scaffolding.
ZZ.1988.34 · so (Art. 58 OR)
Vehicle Owner v. State: Jurisdiction over Tort Claim Against Public Authority for Defective Traffic Light
The court confirmed that claims against the municipality based on Art. 58 OR for defects in traffic infrastructure must be brought before the civil judge, not the administrative court.
VG.2025.00030 · gl (Art. 58 OR)
Municipality Not Liable for Landslide Damage as it Acted as Property Owner
This article governs the liability of property owners for damages caused by defective works, which was deemed the applicable legal basis for the claims, necessitating recourse to civil courts.
C1 23 76 · vs (Art. 58 CO)
Construction Liability for Subterranean Waterproofing Defects
Cited in the reasoning supporting the decision on the necessity of demolition costs (ch. 5.2.2).
ZVE.2023.34 · ag (Art. 58 OR)
Scaffolding Defect Not Proven as Cause of Fall
This provision on the liability of the work owner was discussed in relation to the alleged defect in the scaffolding and its causal link to the accident, although the claim was ultimately dismissed.
LI210001 · zh (Art. 58 Abs. 1 OR)
Highway Operator Not Liable for Bus Accident
This provision is the basis for the court's decision that there was no work defect, and therefore no liability under the work owner's liability.
MJ230080 · zh (Art. 58 OR)
Tenant Water Damage Suit for Rent Reduction and Damages
Cited in the reasoning regarding owner's liability, which was dismissed in the context of compensation claims.
ZSU.2022.200 · ag (Art. 58 OR)
Condominium Owner Fails to Offset Fees with Unsubstantiated Damage Claims
Cited as a potential basis for liability of the property co-owners' association towards an injured party if damage is caused by a defective common building part.
C/13694/2019 · ge (art. 58 al. 1 CO)
Water Leak Damage Liability Appeal: Property Use vs. Isolated Incident
The court examined this specific provision regarding owner liability for construction defects or lack of maintenance, as a special case of tort liability.
601 2020 128 · fr (art. 58 CO)
Property Owner v. Municipality: Suitability of Legal Framework for Damages Claim
The Court determined that the dispute must be examined exclusively under Art. 58 CO, which was deemed the applicable law by the court, overriding the LResp.
ZVE.2021.62 · ag (Art. 58 Abs. 1 OR)
Claimant v. Scaffolding Owner: Loose Railing Constitutes Defect Regardless of Use
Cited as the basis for the property owner's liability for damages caused by a defective installation or manufacturing or inadequate maintenance of the work.
C1 19 233 · vs (Art. 58 al. 1 CO)
Tenant v. Landlord: Water Infiltration Damages and Strict Liability for Building Defects
This article establishes the basis for the landlord's objective liability for damage caused by defects in the building, which was the subject of the dispute and confirmed in the final order.
C/21308/2016 · ge (art. 58 al. 1 CO)
Appellant v. Property Owner: Damages Assessment and Remand for Reconsideration of Lost Earnings
Cited in the analysis regarding the principle of the respondent's liability as a building owner.