Question juridique clé
Whether the security turnstile was defective under Art. 58 OR and the respondent was liable as works owner
Solution extraite
No defect was established. The turnstile provided sufficient safety for its intended use; the claimant’s unusual handling of the push button and the design’s foreseeable user precautions meant no works-owner liability arose.
Motifs extraits
The court held that defect is assessed objectively by the work’s intended purpose and foreseeable use, while user self-responsibility and proportionality limit liability. On the established facts, the claimant’s conduct lay outside what a prudent user had to be expected to do, and the turnstile met the relevant safety expectations.