Extract
[...] It is even certain that she will no longer be able to practice this sport in competition, but only for leisure. Finally, Clara's parents are very worried about their own material situation, as they are financially dependent on Clara, who pays half the rent on their apartment thanks to her work at a private clinic. Clara's parents learned that the apartment whose balcony detached is occupied by Lucas, a young man who has been renting it from Monsieur Durand, the owner of all the apartments in the building, for a year. [...]
[...] Since the Franck judgment of 2 December 1941, the guardian is the one who has the use, control, and direction of the thing. In this case, Lucas, as a tenant, had control of the terrace and had been warned of the risks. He can therefore be considered as guardian. The parents of Clara can therefore act against him on this basis. 2. The action in tort liability for fault The liability for personal fault assumes a fault, a damage and a causal link. In this case, Lucas committed a carelessness by placing heavy objects despite the warnings. This behavior constitutes a fault. [...]
[...] This loss of enjoyment can take the form of a loss of chance to win a sports competition or improve her ranking in a sport. In this case, Clara has suffered various bodily injuries, which have a material aspect, for medical expenses, as well as the economic loss she suffers from being unable to exercise her profession. She also suffers from pretium doloris, related to medical treatment, and a loss of enjoyment, inasmuch as she can no longer, at least temporarily, practice her sport. [...]
[...] Durand's apartment that collapsed. There is indeed ruin of the building in question. The third and last condition is that the collapse of the building must be attributable to a defect in construction or a lack of maintenance, which it is up to the victim to prove. In this case, there is certainly a lack of maintenance of the balcony for it to collapse, but it may be necessary for Clara's parents to seek an expert opinion to demonstrate it. [...]
[...] In this case, Clara's parents suffer a financial loss, as Clara will no longer be able to contribute to the payment of their apartment's rent, and a moral loss, considering the suffering caused by the damages suffered by their daughter. These damages present an actual and certain character, and correspond to the violation of a legitimate interest. II. Actions in liability A. The action in liability against the owner of the apartment The damages suffered by Clara were caused by the collapse of the balcony of one of the apartments belonging to Mr. [...]
