The recent news of the Court of Cassation gives us the opportunity to come back to the jurisprudential and legal evolution of the concept of civil liability (because of things and the acts of others) since the judgment of November 4, 2010.
Jurisprudence
judgment of 4 November 2010
The victim of damage caused by a thing can invoke the responsibility resulting from paragraph 1 of article 1384 of the Civil Code against the custodian of the thing, instrument of the damage, without being able to be opposed to his acceptance. risks.
CA Colmar, October 21 2011
A tennis player is responsible for his role as the custodian of the racket. The victim of the damage caused by a thing can invoke the responsibility of article 1384 paragraph 1 of the Civil Code, against the guardian of the thing, instrument of the damage, without being able to be opposed to him his acceptance of the risks. Indeed, the fact that the damage occurred during a competition is not exempt from liability.
CA Nîmes, January 10, 2012
The recourse action brought against a sports association organizing a cycling race on an open road, during which a rider was injured by a motorist, must be dismissed insofar as it is shown that the association "complied with the conditions prescribed by the prefectural decree and fulfilled its obligation of means".
CA Amiens, February 9, 2012
Liability of the club following a tackle made by a player, in particular because of his breach of legal obligations. The responsibility of the French Federation as well as that of the regional League are also engaged.
CA Agen, November 7 2011
As the act is voluntary and committed by players outside the rules of the game, the responsibility of the association of which they are members, an association whose mission is in particular to direct and control the activity of its members during the competition, must be jointly committed with the players.
CA Versailles, February 2, 2012
The proof that the parents, having entrusted their child to a sports club, could not have prevented the behavior of the player, cannot exonerate them from their responsibility under article 1384 paragraph 4 and 7 of the Civil Code. In the absence of force majeure or fault of the victim likely to exonerate them, the parents engage their full responsibility because of the facts, even not at fault, committed by their then minor son.
Cass. Civ2, April 12 2012
The victim of damage caused by a thing can invoke the responsibility resulting from paragraph 1 of article 1384 of the Civil Code, against the custodian of the thing, instrument of the damage, without being able to be opposed to him. acceptance of risks. (This judgment confirms the case law put in place since the judgment of November 4, 2010).
Cass. Civ2, December 15, 2011
The association that owns a motocross field has "committed, on the basis of articles 1382 and 1383 of the Civil Code, negligence and recklessness that contributed to the occurrence of the accident"by letting a motorcyclist train several times on the ground, even though he is not a full member of the club, nor holder of an insurance license. The association is therefore responsible.
Cass. Civ1, December 15, 2011
On the basis of article 1147 of the Civil Code, any "sports association is bound by a contractual obligation of safety, prudence and diligence towards the sportsmen carrying out an activity on its premises and on the installations made available to them, even though they freely practice this activity".
The law
In reaction to the case law of November 4, 2010, a bill aimed at modifying the civil liability regime for the acts of sports practitioners on places reserved for sports practice was submitted to the National Assembly.
In fact, by the ruling of November 4, 2010, the Court of Cassation affirmed the principle of liability without fault for fact (article 1384, paragraph 1, of the Civil Code), abandoning here the theory of risks accepted in sports practice.
In support of the passage of this Law, the statement stated that "This decision has the effect of placing the full burden on sports federations, subject to compulsory insurance, for compensation for bodily injury and material damage resulting from an accident that has occurred in particular in competition, which for certain sports (such as sports automobile or motorcycle) is a potentially heavy load that endangers the practice of these activities.
The purpose of the bill is to alleviate these difficulties by excluding no-fault liability for material damage. However, this exclusion would only concern activities carried out in places reserved, permanently or temporarily, for sports (closed places or areas temporarily stopped, for example for a cycling race).".
The law was published in the Official Journal of March 13, 2012 (Law of March 12, 2012).
After article L. 321-3 of sport code, an article L. 321-3-1 is inserted as follows:« Art. L. 321-3-1. - Practitioners cannot be held responsible for material damage caused to another practitioner by the fact of something they have in their care, within the meaning of the first paragraph of Article 1384 of the Civil Code, on occasion exercising a sporting practice during a sporting event or training for this sporting event in a place permanently or temporarily reserved for this practice. "
