Extract
[...] Rémi Moza's gardening company, which agrees to prune his tree for a reasonable price. He sends his best employee, Mr. Lucas Mélia, to Mr. Theur's house. The gardener starts cutting the branches of the tree and throws them behind him. Unfortunately, he throws a large branch a bit too hard, and it falls on the other side of the garden wall onto the head of the neighbor who was taking a nap in the sun. She is injured in the face and will be left with a large scar. [...]
[...] Possible damage will only give rise to compensation if it becomes certain. However, there are cases where there is a high probability that the damage will occur, without it being certain. This is what is called the concept of loss of chance. This probability must be measured in order to determine whether it gives rise to compensation (Civ April No. 15-14.888) and, if so, its amount (Civ April No. 15-11.342). In the event that the loss of chance is retained by the judge, its compensation can only be partial (Cass. [...]
[...] However, since he is 16 years old, it is necessary to indicate that, according to Article 1242, 'the father and mother, insofar as they exercise parental authority, are jointly and severally liable for the damage caused by their minor children living with them,' so that the child, even if living at an internat, is under their exclusive care, and therefore it is their responsibility that is engaged. 2. On the indemnification of the harm suffered Cf. demonstration of the liability regime for damages suffered by the neighbor. The mathematics teacher personally suffered the damage caused by Clément Theur since if he had not damaged his car, it would not have suffered any damage. [...]
[...] Causes of exemption Here the perpetrator may invoke a fault of the victim that could at least partially exempt their responsibility on the basis of the victim's imprudence, as provided for by article 121-3, which states that it is 'the fault of imprudence, negligence or failure to comply with a duty of prudence or safety provided for by law or regulation'. However, in this case, the victim was imprudent in positioning themselves under the tree. II. The damages caused by Clément Theur and Alex Zaspéran In this part, the responsibility of Clément Theur and that of Alex Zaspéran will be studied separately. [...]
[...] In fact, 'The liability provided for by Art assumes a causal relationship between the fault and the damage' (Civ. 2nd, October 27, 1975). In this case, the neighbor personally suffered the damage caused by the employee Mr. Lucas Mélia, as if the branch had not been sent to her head, she would never have suffered this damage, being therefore the direct and immediate consequence of the employee's behavior. Furthermore, the victim having a facial scar, the victim should not encounter any difficulties in reporting the evidence of her damage. [...]
