Extract
[...] Non-pecuniary damages To recall, in addition to the loss of his property, Mr. Durand has lost the horse to which he was very attached. The question is as follows: is a non-pecuniary damage consisting of the loss of an animal indemnifiable? According to the precedents seen previously, the damage must be certain, personal, legitimate and caused by the generating fact. The second civil chamber of the Court of Cassation, in a ruling of 23 March 2017 (n° 16-13.350), recognizes the compensation of affection damages, which consist of compensating the pain resulting from the loss of a loved one, if the victim, by ricochet, demonstrates an affective link. [...]
[...] To this end, jurisprudence has established several conditions: there must be a personal, certain, legitimate damage and a link of causality between the generating fact and the damage. Regarding the personal character, in this case, the victim lost his own workshop, his own property. It is indeed the patrimony of Mr. Durand that was affected, not that of another person. This criterion is therefore met. Regarding the certain character, the materiality of the damage is easily demonstrable in this case. Mr. Durand has indeed lost several assets from his patrimony due to the fire, so it is not a hypothetical damage. [...]
[...] Thus, based on Article 1240 of the Civil Code, Mr. Durand will be able to request the total repair of his damages, since they are personal, certain, legitimate and there is a causal link with the fire. This will engage the civil liability of the other painter, the author of the damage, by his personal fault. And the damage will be evaluated on the day of the judgment and totally repaired. Provided, of course, that he proves a wrongful behavior of the author and that the latter does not invoke any exoneration (which is unlikely). [...]
[...] Patrimonial Damages The question is as follows: can one be compensated for the loss of goods due to a voluntary fire? Article 1240 of the Civil Code provides that the person who causes damage by their fault must repair it. This is the responsibility of personal fault. The third civil chamber of the Court of Cassation, in a ruling of June (n° 15-16.967), states that the damage must be certain to be repaired. The second civil chamber of the Court of Cassation, in a ruling of October states that there must be a link of causality between the fact and the damage. [...]
[...] The fire was so impressive that it spread to the neighboring equestrian center. A horse, to which the neighbor of the painter and its owner was very attached, succumbed to the toxic fumes of the fire. This horse, a Frisian named 'Thunder', was very appreciated by its owner. What can you say about the heads of damage identifiable? Resolution In this case, Robert Durand's studio was set on fire by another painter during the night. The fire spread to the neighboring equestrian center and killed a horse very appreciated by Mr. [...]
