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The organizer of a sports event has an obligation of safety of means or of result towards the athlete who participates in the organized activity

by Solenn le Tutour | 1 Mar 2023

The organizer of a sport activity is, in principle, bound by an obligation of safety of means (they should implement all means to insure safety) towards the athlete who participates in his activity, but can also be bound by an obligation of safety of result (the...

Decision of the Cour de Cassation of 15 December 2022 no. 21-16.712 – No obligation to mitigate losses

by Solenn le Tutour | 15 Feb 2023

This principle, which has long been recognized in French case law, was recently reiterated by the Cour de cassation: the victim is not obliged to minimize his or her loss in the interests of the person liable. In this case, a person was involved in a traffic accident...

Full appreciation by the administrative courts of the loss caused by a combination of fauts committed by a public body and a private person

by Solenn le Tutour | 14 Feb 2023

What happens when faults committed by public and private persons have combined to cause the victim’s loss? Are the faults of public persons assessed individually by the administrative judge and those committed by private persons by the judicial judge? The...

The notion of  “involvement” within the meaning of Badinter Law on road traffic accidents

by Solenn le Tutour | 9 Feb 2023

The law n°85-677 of 5 July 1985 “tending to improve the situation of victims of road traffic accidents and to accelerate compensation procedures” (also known as the “Badinter law”) set up a compensation regime exclusive of any other liability...

Indemnification of victims of an air disaster when the carrier did not hold an operating licence

by Solenn le Tutour | 30 Dec 2022

The law of October 8, 2021 amended Article L. 6421-4 of the French Transportation Code on the liability of the air carrier in the context of a domestic and free flight. It now states that the liability of a carrier not holding an operating license is governed by the...
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