Liability for Damages Caused by Public Works: Understanding the Legal Framework and Compensation Options
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Public works liability, liability without fault, damage from public works, compensation for public works, public work damage, liability for fault, presumed fault, rupture of equality before public charges, accidental damage, Council of State decision, Rivaux decision, Grau decision, public entities responsibility, liability regime, damage caused by public works, construction liability, public work existence, public work operation, liability for damage caused by public works, fault liability, no-fault liability, public charges, damage compensation, public works damage compensation, liability for public works, damage caused by construction, public entity liability, compensation for damages, reparation of harm, public works liability regime, liability variants, legal situation with regard to public work
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Abstract
Unlock expert insights on liability for damages caused by public works. Discover how victims like Miss Angèle can claim compensation for losses incurred due to public works, based on the principle of liability without fault. Learn about the different liability regimes, including liability for simple fault, presumed fault, and liability without fault based on risk or rupture of equality before public charges. Understand how to determine the relevant liability regime and the compensation that can be expected for damages suffered. Dive into the specifics of the Rivaux decision and the Council of State's rulings on liability for public works, and find out how to navigate the complexities of public works liability to secure damages and interest for harm suffered.
Extract
[...] The liability incurred by a public person for a damage caused by public works to a third party with regard to the public work in question is part of the short list of cases of liability without fault for damage caused by public works. Thus, the liability regime that can be invoked by Miss Angèle in order to obtain damages and interest is that of liability without fault for damage caused by public works. Now, let's focus on the damages and interest that Miss Angèle can claim in relation to the different injuries she suffers. [...]
[...] Liability for Public Works and Construction - Example of a Special and Diversified Liability Regime 1. During the roadworks in front of her shop, Miss Angèle was first seriously injured, falling into a hole, while, accompanying a customer to their car, she crossed the main street, laden with packages. Then, a crane from the construction site unfortunately fell on the building, severely damaging the shop's facade and part of the stock of merchandise 2. To add to her misfortunes, the roadworks continued for several months right in front of her doorstep, blocking access to her shop, so that her most loyal customers preferred to postpone their purchases, exposing Miss Angèle's business to heavy commercial losses. [...]
[...] In addition, the client complains of the deafening noise caused by the friction of skateboards on the floor, the construction of which was made with inappropriate floor covering materials. Thus, it is first necessary to study the liability regime that could be invoked by Miss Angèle in order to obtain damages and then to consider the arguments that could be used in defense by the Commune (II). Finally, we will examine the different requests that could be made to the judges other than a claim for damages. [...]
[...] In application to our exercise, the fall of the crane that would have fallen 'unfortunately', in light of the dictionary definition of Larousse is here 'an event that occurs at the wrong time', without reason. Its fall is therefore an unforeseen event, force majeure could be invoked. In addition, the fall caused by a hole caused by the public work provoking serious bodily harm to the victim could be partially exonerated by invoking the victim's imprudence fault that would have led to her fall. [...]
[...] To support her claims, Miss Angèle hired an expert whose report revealed that the acoustic disturbances were abnormal and related to the use of inappropriate floor covering materials. For all these cases, you are required to specify the liability regime that could be invoked by Miss Angèle in order to obtain damages. You will also consider the arguments likely to be used in defense by the Commune. Subsidiary question : Can Miss Angèle expect the judge to order anything other than damages and interest from the commune? [...]
