Question juridique clé
Whether the damages action under Art. 58 CO was time-barred under Art. 60 CO
Solution extraite
The one-year limitation period began when the claimant had sufficient knowledge of the essential damage and its author; this was already the case by 20 February 2004, so the claim was time-barred when the municipality waived prescription only on 18 July 2005.
Motifs extraits
The claimant knew the health damage, its essential consequences and the need to sue without waiting for the exact invalidity percentage. He could not defer suit until later social-insurance assessments, and he had enough information, assisted by counsel, to identify the responsible owner.