Liability of Sports Members and Parents

Extract

[...] This behavior is not that of a responsible football player. In accordance with constant jurisprudence, the violation of a game rule is not an element of a nature to constitute alone a civil fault, it can however be an index taken into account by the judges in the characterization of a fault (in this sense, Cass 2and civ 20 November 2014). 2. The existence of a damage The applicable rules of law are recalled in the first part of this development. [...]

[...] In conclusion, subject to the sovereign interpretation of the judges of the facts, it seems possible to consider that the liability of the driver will be engaged on this basis, unless another liability prevents recourse to this legal basis. B. Responsibility inherent to parental authority It should be noted at the outset that the application of the liability of the holders of parental authority does not preclude the engagement of the liability of the minor author of the fact considered (in this sense September 2014). In accordance with Article 1242 (C. civ), the liability of parents holding parental authority is governed by a specific regime. [...]

[...] This damage must be direct, certain and legitimate (in this sense, Cass civ 24 November 1942). The Dintilhac nomenclature operates a classification applied by the jurisdictions, distinguishing the different posts of prejudice (in this sense, Cass 2e civ May 2009). In this case it is likely that the collision that occurred caused various damages (damage to pleasure, medical expenses, pretium doloris, anxiety damage?), without it being possible to determine their exact nature in light of the elements of the present case study. [...]

[...] The conditions for the application of this regime are as follows: 1. The existence of a damaging fact imputable to the minor In accordance with constant case law, it is in no way necessary for the fact in question to be constitutive of a fault, a non-fault fact is therefore capable of engaging the liability of the parents (in this sense, Cass. ass. pl May 1984, Fullenwarth). In this case, the personal fault of the author of the facts is demonstrated in the first part of this development. [...]

[...] In this case, the absence of a will to cause the damage will therefore not be an obstacle to the engagement of the responsibility of the author of the facts in question. 6. A potential liability of the victim In application of a constant jurisprudence, the fault of the victim may be of a nature to reduce or even exclude the liability of the author of a damaging act (in this sense, Cass, crim 19 March 2014). In this case, it is possible to consider that the potentially negligent behavior of the victim may limit the liability of the author of the facts. [...]