Questione giuridica chiave
Whether the swimming pool constituted a defective work under Art. 58 OR.
Decisione estratta
Yes. The sudden, unmarked steep drop in the pool floor, combined with the lack of effective warnings or barriers, made the bathing facility defective.
Motivazione estratta
The owner had to anticipate non-swimmers among its guests. Because the dangerous change in depth was not visible and no adequate protective measures were taken, the design created a hazard that qualified as a work defect.