Analysis
Liability due to things: the owner of a wine cellar is fully liable for the damage suffered by a client who fell down an unprotected staircase leading to the storeroom
Court of Appeal of Toulouse, 1st chamber, 5 September 2023 no. 22/03762 The owner of a wine cellar was held liable on the grounds on the liability regime due to things (in French, “responsabilité du fait des choses”), for damages caused to one of his clients who fell down the unprotected...
Continuation of death coverage in the event of termination of the group insurance contract
Cour de cassation, 2nd civil chamber, 21 September 2023, 21-22.197, Published The insurer is obliged to implement its death coverage after the termination of the group providence contract if the disability began beforehand, regardless of whether the said disability is covered by another group...
Road traffic accident in Europe: exclusion of a claim before the CIVI
Damages likely to be compensated by the Fonds de garantie des assurances obligatoires de dommages (FGAO), pursuant to articles L. 421-1 and L. 424-1 to L. 424-7 of the Insurance Code, are excluded from the jurisdiction of the Commission d'indemnisation des victimes d'infractions (CIVI) as it...
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
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 objective of safety must be...
Decision of the Cour de Cassation of 15 December 2022 no. 21-16.712 – No obligation to mitigate losses
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 while riding as a passenger on...
Full appreciation by the administrative courts of the loss caused by a combination of fauts committed by a public body and a private person
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 Conseil d'Etat was seized of a contentious...
The notion of “involvement” within the meaning of Badinter Law on road traffic accidents
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 regime, and particularly favorable to victims who do...
Indemnification of victims of an air disaster when the carrier did not hold an operating licence
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 Montreal Convention. Article L....
Compensation of bodily injury as a result of a road traffic accident in France – double legal interest rate due by the insurer – Judgment of the Court of Cassation of October 6, 2022
The double legal interest rate applicable to an insurer who failed to make an offer of compensation to the victim of a road traffic accident is distinct to the order to pay compensation to the victim of a road traffic accident. Only the insurer who did not make a compliant offer to the victim is...
Decree No. 2022-1284 of October 3, 2022 on whistleblowers was published on October 4, 2022
This text is derived from article 8 of the so-called Sapin II Act 2016-1691 of December 9, 2016, as amended by Act 2022-401 of March 21, 2022. It is aimed at improving the protection of whistleblowers. It requires entities with 50 employees or more to set up an internal procedure for collecting...
