Civil liability, damage, thing, custodian, active role, causal link, prejudicial damage, material harm, bodily harm, moral harm, Article 1242 Civil Code
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Abstract
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Abstract
Understand the conditions and principles governing civil liability for damage caused by objects or things, as per legal jurisprudence and the Civil Code.
Extract
[...] The fact of the thing In law, civil liability for the fact of the thing is engaged when there is an object thing) that has played an active role in the commission of the damage. The active role of the thing can result from the fact that the moving thing was in contact with the victim or in the absence of movement of the thing, this can result from the abnormality of the state, position or structure of the thing. [...]
[...] Laguigne may be the subject of a repair based on the liability of the things done. The fact of the thing In law, liability for the fact of the thing is engaged when the thing plays an active role in the occurrence of the damage. This active role of the thing can also be inferred from the position of the thing, which is considered abnormal or when the thing itself, in its design, presents an abnormality (Decision of the 2nd Chamber of the Court of Cassation March 1988, No. [...]
[...] This non-contractual civil liability was recognized by the Court of Cassation in its Teffaine judgment of June In law, liability for things requires the existence of prejudicial damage a fact of the thing and recognition of custody of that thing The damage In law, civil liability for things requires the existence of a damage that can be material, bodily or moral. This damage must also be repairable, to possess this quality it must be direct, certain, personal and legitimate. In this case, the player fractured her tibia. This is a bodily damage that can also constitute a financial prejudice (medical expenses, potential Temporary Work Interruption). This damage is suffered personally by the player, it is certain and direct. In consequence, the fracture of the tibia is a damage falling within the conditions of civil liability. It is a repairable damage. [...]
[...] Laguigne. The custody of the thing In law, the custodian of a thing is civilly responsible. The custodian is the one who has the use, control, and direction of the thing. In this case, the ramp was installed by the nautical activities company that chose its location. Therefore, the nautical activities company is civilly responsible for the damage caused to Mr. Laguigne. [...]
[...] Laguigne engage the civil liability of the water sports company for the thing done? In law, this liability is engaged when a damage is characterized when it is caused by a thing of which a person is guardian The damage In law, the damage that can be repaired in the sense of civil liability for the things done is a material, bodily or moral damage that causes harm to a person. This damage must be direct, certain, personal and legitimate. [...]
