Civil Liability of the Guardian of a Thing: The Role of the Victim's Fault
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Civil liability, guardian of a thing, victim's fault, partial exoneration, tort law, liability
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Abstract
This document explores the concept of civil liability of the guardian of a thing, specifically in relation to the role of the victim's fault in determining the guardian's responsibility. It examines the mechanism of partial exoneration and its implications for the guardian's liability. The document is relevant to law courses and marketing dissertations that focus on tort law and liability.
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[...] the sum of 15,000 euros in compensation for her personal affection damage and the sum of 10,000 euros in respect of her share in the indemnification of the affection damage suffered by her father S . condemned the EPIC SNCF mobilités to pay to Mrs. P . V.? the sum of 20,000 euros in compensation for her personal affection damage and the sum of 10,000 euros in respect of her share in the indemnification of the affection damage suffered by her father S . condemned the EPIC SNCF mobilités to pay to Mr. Q . [...]
[...] This is the case if the guardian proves that an event of force majeure, therefore external, led to the accident. In the case where the victim contributed to the damage, the liability of the guardian, here, may be attenuated or partially exonerated depending on the degree of severity. When making the decision, the Court of Appeal had considered that an event of force majeure could not be invoked here: "By thus determining, without investigating, as it was invited to do, whether M . [...]
[...] This partial exoneration mechanism would therefore have the effect of reducing the financial burden of the guardian in the event that the victim's fault was retained. The SNCF's share of responsibility would be reduced proportionally to the victim's share of fault. But it would also allow a principle of equity since it would allow to rebalance the distribution of responsibilities taking into account the behaviors of the two parties. Thus, after the Court of Cassation has sent the case back to another appellate court, the latter will have the objective of examining again the possible contributory fault of the victim. [...]
[...] This is therefore a contributory fault. In order to invoke the victim's fault, it is necessary that it be established and causally linked to the damage. But, it is also necessary to consider the active role of the thing in the damage:Given that the guardian of a thing that is an instrument of damage is partially exonerated from their responsibility if they prove that the victim's fault contributed to their damage. ». Furthermore, from the point of view of the jurisdictions, this was not considered a fault leading to a partial exoneration of the author of the initial damage. [...]
[...] the sum of 78,970 euros in respect of his share in the indemnification of his father S . V . direct economic damage (71,801 euros) and his personal economic damage (7,169 euros), the ruling made on January between the parties, by the Appellate Court of Grenoble». The SNCF is therefore ordered to pay various compensation, such as to insurance companies. But, it is also a question of indirect damage, indeed, the SNCF following the death of 2 people is ordered to compensate for personal affection damage to several people affected by this event. [...]
