Extract
[...] In this context, there is no need to retain the acceptance of risks by the victim. Therefore, if the blow was executed with excessive force or with the intention of harming, then the player could see her liability engaged. In the absence of factual elements attesting to this alleged violence, it remains to retain the inverse hypothesis, namely the absence of violation of the game rules, the absence of violence, and the absence of excessive brutality. In these circumstances, it is advisable to consider that the player who hit the ball cannot be held responsible, as the ball hit was given within the normal framework of the game, without any intention to harm. [...]
[...] Dusse's responsibility could be engaged. In addition, a certain and direct damage was indeed suffered by the passerby, which reinforces the possibility of compensation. However, no force majeure seems to be characterized and no fault of the passerby appears to be manifest. Therefore, it is likely that Mr. Dusse's liability will be engaged on the basis of Article 1242 of the Civil Code, unless he can prove an exoneration element that would allow him to exclude or attenuate his liability. [...]
[...] No force majeure seems to be characterized in this case, which excludes this route. On the other hand, if Mr. Laguigne acted with imprudence by not respecting the safety instructions, his fault could limit or exclude the liability of company X. Thus, Mr. Laguigne may consider a liability action against company X in order to obtain full compensation for his damage, subject to any potential fault on his part. In the latter case, a partial compensation may, nonetheless, be granted to him. [...]
[...] The existence of the damage suffered by the passerby « Does the ankle sprain suffered by the passerby constitute a certain and direct damage meeting the necessary conditions to engage liability? For liability to be engaged, it is imperative that a certain and direct damage has been suffered. Case law requires that this damage be real and not hypothetical (Civ. 1st, June No. 11-19.265). In this case, the passerby suffered a verified injury in the form of an ankle sprain. This injury has a concrete impact on his physical state, possibly requiring medical care and causing harm. [...]
[...] If the slope was too inclined, if the surface was slippery or if safety measures (signage, water depth adapted, warning to users) were lacking, then the situation could be qualified as abnormal and engage the liability of company X. 3. The existence of the damage suffered by Mr. Laguigne « The injuries suffered by Mr. Laguigne as a result of his fall constitute a certain and direct damage that meets the necessary conditions to engage the liability? For liability to be engaged, it is imperative that a certain and direct damage has been suffered. Case law requires that this damage be real and not hypothetical (Civ. 1st, June n° 11-19.265). In this case, Mr. [...]
