VSJust because we wish each other “Happy New Year and good health” on New Year’s Eve doesn’t mean we’re safe from an accident. Mr.
When his condition is consolidated, he requests that his hosts’ insurer, Sogessur, compensate him for his loss, estimated at some 16,500 euros. But he refuses, on the grounds that the circumstances of his fall are “indeterminate”. What do the firefighters say? Nothing, since they were not called, a guest having taken the injured person to the emergency room of Timone hospital in Marseille.
And the weather? She recorded a temperature of six degrees, between midnight and 3 a.m., in the nearest town, Carnoux. How could the terrace have been slippery because of the ice?
For Sogessur, one thing is certain: “The circumstances declared by spouses Y and Mr. » As for the attestation established by the first, to whom he had nevertheless “enjoined not to take a position regarding its responsibility, vis-à-vis the person affected by the disaster”she is “pure convenience”. The Marseille judicial court ruled in his favor on May 17, 2022.
Concurring testimonies
But Mr. And the November 30, 2023, the Aix-en-Provence court overturns the judgment. She notes that the three testimonies provided by the hosts and two guests agree that “the floor was slippery”whether under the effect of ice, frost or humidity.
She considers that the meteorological record does not allow “to exclude » the formation of frost, or even ice, “in the upper part of Carnoux”, at an altitude of 263 meters, where the accident occurred. Furthermore, “the slippery floor can be a consequence of a high degree of humidity, which does not in itself imply that the stagnant water on the terrace has frozen”. The court of appeal therefore ruled that “Mr..
It rules on the basis of article 1242 (new) of the civil code, according to which one is responsible for the damage caused by the fact “ things that one has in one’s custody.” According to the related case law, when the ” thing » (here, the ground) is “inert”the victim must prove that he caused the damage because“she had an abnormal position”. In this case, judges the court, the fact that the ground was slippery “characterizes” its abnormality.
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