Le Tutour Avocats regularly intervenes in cases involving accidents that give rise to the liability of French public authorities, when personal injury is attributable to a public entity in the exercise of a public service.

This type of litigation, which falls under the jurisdiction of the French administrative courts, is governed by specific rules that differ from those applicable to civil liability.

When bodily injury occurs as a result of negligence, failure to maintain a public structure of a public body, or even in the absence of any fault – under a no-fault liability regime – the victim is entitled to full compensation for their injury.

There are many situations:

• medical accidents occurring in a public hospital or a healthcare establishment belonging to the public hospital service,
• school accidents occurring during activities under the responsibility of the administration,
• damage caused by a public official in the exercise of their duties when acting on behalf of the public authority.

Le Tutour Avocats analyses the conditions under which the administration is liable: legal classification of the event giving rise to liability, identification of the public entity responsible, nature of liability, assessment of causality, and precise quantification of personal injury, supported by medical expertise.

We are involved at every stage of the procedure:

• filing a preliminary claim with the administration,
• referral to the competent administrative court,
• assistance and representation in the context of judicial or amicable expertise
• drafting of litigation documents
• representation and advocacy before the court.

Administrative liability litigation is subject to strict formal and substantive requirements. It requires a thorough understanding of the rules of procedure and administrative liability, as well as the principles governing compensation for personal injury (full compensation, Dintilhac nomenclature, etc.).

Le Tutour Avocats puts its expertise in public law and personal injury compensation law at the service of victims and users of public services, in order to guarantee that their rights are recognised and that they obtain fair and full compensation.

Examples of cases handled by Le Tutour Avocats in administrative liability law

• Liability claim against a French public hospital in the South of France following an unjustified surgical procedure

• Liability claim against French public emergency services following a paragliding accident in France

• Liability claim against a French public hospital in the French overseas territories following negligent treatment