Kernrechtsfrage
Whether the mobile ladder access to the loft constituted a defect under Art. 58 CO.
Extrahierter Entscheid
Yes. The access was objectively unsafe because a frequently used loft sleeping area must be reached by a secure stair or at least a firmly fixed ladder with a handrail.
Extrahierte Begründung
The risk could not be sufficiently avoided by minimal caution of users; the ladder was merely leaned, not anchored, and could slip despite protective feet. The owner's duty covers normal use-related dangers.