It is essential to maintain a room even if it is occupied by a person without any rights because, in the event of an accident, the responsibility of the owner is engaged.
The occupation without right or title of real estate by the victim of the accident cannot constitute a fault such as to exonerate the owner of the building from his liability when the accident results from a lack of maintenance, explained the Court of Cassation in a judgment delivered on September 15.
A former tenantwho should have left the accommodation for two years and to whom the court had ordered a year earlier to vacate the premises, had fallen out of the window because the railing had given way. Having been injured, he claimed several tens of thousands of euros from the owner.
He denied any responsibility. If the tenant had not committed a fault by remaining in the premises after the end of the lease, after having received a leave of absence and despite a court decision, he would not have fallen out of the window, he said, so that this illegal occupation is the main cause of the accident.
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But for the judges, it is the lack of maintenance of the guardrail, which was the responsibility of the owner, who is the main, even exclusive cause of the accident. Consequently, No mistakelikely to reduce or eliminate his right to compensation, cannot be blame the tenant.