Questão jurídica principal
Whether the State of Valais was liable as owner of the road/drainage structure under Art. 58 CO.
Decisão extraída
No. The drainage arrangement was not defective because it adequately served road safety and the landslide risk was not a normal, reasonably preventable risk.
Fundamentação extraída
The structure fulfilled its function for road users; the harmful event stemmed from an exceptional moraine collapse and extraordinary water saturation, not from a normal danger created by the road drainage. The measures demanded by the appellants would have imposed excessive and disproportionate obligations on road maintenance.