A dramatic case has just recalled the responsibility of the owner who rents out his accommodation or entrusts it to a professional in rental management, even when the occupants show great imprudence. The facts date back to 2020 when a person in a state of intoxication and under the influence of cannabis died by falling from the sill of a window of an apartment located on the 5th floor of a building on which she had sat to smoke a cigarette. This person did not know the place and this window is not made to sit. However, it was easy to access because it was only 42 cm from the floor of the apartment and had no railings despite the high floor of the apartment.
Judgment of the Court of Appeal
The victim’s family and their insurer took the owner of the apartment to court (the owner then called the company responsible for the rental management of the accommodation and the latter’s insurer) in compensation for the damage suffered but were dismissed at first instance. The Court of Appeal considered in particular that the victim had been particularly reckless, for having sat under the influence of alcohol and narcotics on a window sill located on the 5th floor and devoid of railings, without ensuring that there was no risk of falling. The Court of Appeal deduced from this that recklessness was the sole cause of the damage.
Recklessness is not the exclusive cause
The applicants then decided to go before the Court of Cassation, which quashed and annulled the judgment of the Court of Appeal last April. After noting that the presence of a guardrail would necessarily have prevented the fall, the Court of Cassation concluded that the recklessness of the victim could not be the exclusive cause of the damage. The case was referred to the Lyon Court of Appeal and the owner was ordered to pay a total sum of 3,000 euros.
Guardrail obligation
In conclusion, the absence of guardrails can therefore engage the responsibility of the owner. A protective device is indeed mandatory for a window located on floors other than the ground floor that does not open onto a balcony or terrace. If its lower part is less than 90 centimeters from the ground, it must have a support bar and a protective element at least 1 meter above the floor. A railing is of course mandatory for balconies, terraces and loggias on floors other than the ground floor. It must have a minimum height of 1 meter or 80 cm when it is more than 50 centimeters thick.