A court case where an employee caused damage to a third party, and the employer's liability is being determined.
Extract
[...] 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. [...]
[...] Therefore, Mr. Lucas Mélia has indeed caused damage within the framework of the functions for which he was employed and the stated facts no longer reveal any personal fault of the employee in the damage caused to the victim, thus it is the liability of the principal, Mr. Rémi Moza, that will be incurred. 2. On the indemnification of the damage suffered For the victim's damage to be eligible for compensation, the damage must first be certain, that is to say, it must be current or future, but cannot be hypothetical or possible (Civ June 28, 2012). [...]
[...] However, the vehicle's owner comes out of his house at that exact moment and recognizes the young men as they run away. Eddy Theur seeks your advice. I. The damages caused by Mr. Lucas Mélia It will be studied in this part the damage caused by Mr. Lucas Mélia to the neighbor and to Mr. Eddy Theur, the client The damages caused to the neighbor The neighbor of Mr. Eddy Theur was injured by a branch that hit her on the head due to Mr. [...]
[...] 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. [...]
[...] Theur's foot, severing a toe. The same week, Eddy's daughter, Cisse Theur, is riding her bike home when she is knocked down by a dog. She breaks three front teeth when she falls onto the road. The dog is intercepted and it turns out that it belongs to Mrs. Lola Brador, who had left it at a veterinary clinic the day before to be sterilized. The cage in which it was kept after the operation was not closed properly, and the dog escaped. [...]
