Questione giuridica chiave
Whether the private entrance area constituted a defective work under Art. 58 CO.
Decisione estratta
No. Given its private use, the layout and lighting did not fail to provide the safety required for normal use; the risk was avoidable with minimum care.
Motivazione estratta
The entrance served a private dwelling, not an access used by an indefinite public. The absence of a barrier and the lighting situation did not amount to a defect, especially considering self-responsibility and the limited safety expectations for privately used residential property.