Liability for Damages Caused by Things or Animals

Extract

[...] The passenger is very seriously injured and a third spectator is also injured at the ankle. The injuries suffered by the active passenger and by the third can they give rise to compensation on the basis of the liability of the thing ? In law, thearticle 1242, alinArticle 1 of the Civil Code provides for a liability for the things one has in one's care. This implies : 1. A thing involved in the damage 2. A link of causality between this thing and the damage, 3. [...]

[...] The pedestrian did nota subi quite'a prmaterial prejudice: his valuable glasses have been cassit ise.g. He solicits so repair the damage. The proprietorsthe plot owner can he see his liability engaged on the basis of the fact of things for material prejudicerial causedis caused by the fall ofa piare you surprised by this object ? In accordance with Article 1242, al. 1er of the Civil Code, a person is responsible for the damage caused by the fact of things that they have under their care. [...]

[...] Here, the scarlet color of the plot and its signaling function indicate that it wasit is'a visible device, adapted to the use of the place. No anomaly in the plot installation nor maintenance defect is therefore proven. The pedestrian's fall seems therefore to beunder the'an inattention, and not an active role of the thing. Finally, the responsabilitis of the plot owner cannot be engaged on the basis of Article 1242 of the Civil Code in the absence of an anomaly of the thing and proof of an active role in the fall. The pedestrian's claim for compensation has little chance of succeeding. [...]

[...] In addition, custody implies a power of use, direction, and control over the thing. It generally returns to the owner. Finally and in any case, the engagement of the responsibility of the guardian of an inanimate thing requires demonstrating the abnormality of the thing to establish that it was the instrument of the damage (Cass. civ November 2023, n° 22-16.835). In the eventisThis, the plot is an inanimate object fixed to the ground, visible and serving to delimit two zones of circulation. [...]

[...] The driver is the propridriver and exercised control of the vehicle. The active passenger, on the other hand, although he plays a role in optimizing the trajectories, does not exercise direct control over the vehicle. His action is simply complementary and does not constitute autonomous use. He is therefore not co-pilot with the driver. Finally the third injured person is well foreign to the activity, which gives himgave the quality of third vis-as regards the thing. From then on, the driver, guardian of the side-car, engages his responsibility towards both the passenger and the injured third party on the basis of Article 1242, al. [...]