Logo

Civil liability lawyer

Home Practice areas Civil liability law

Manissier Avocat is a law firm with a strong background in civil liability law, and a long track record of defending both individuals and professionals in various fields (travel and tourism operators, insurance companies, financial institutions, moving companies, etc..). The law firm offers contractual document and process auditing services to professionals, to assess and mitigate liability risks.

Additionally, MANISSIER AVOCAT provides legal assistance to professionals facing liability claims from customers, co-contractors, competitors, or third parties due to damaging events or breaches of contract attributed to them. This assistance is offered through various channels, including amicable dispute resolution processes such as conciliation and mediation, as well as individual legal actions in court when necessary.

MANISSIER AVOCAT also assists clients of these professionals in matters of personal injury compensation, construction litigation, and product liability.

MANISSIER AVOCAT benefits from a network of skilled professionals (commissioners of justice formerly called bailiffs, medical advisers, technical advisers, translators, crisis communication professionals, etc.). These experts are mobilized to provide clients with a highly technical defence in complex cases.

Civil liability in a nutshell:

Pursuant to the provisions of article 1240 of the French civil code, any act whatsoever of man, which causes damage to another, obliges the person by whose fault it occurred to repair it.

Civil liability refers to the obligation of an individual to compensate another party for damages caused, whether there is a contractual obligation between the parties or not, as a result of any of the following:

  • a breach of contract / personal fault or negligence (personal liability),
  • an act committed by one of its employees (persons working under its control and direction), by minor children in its care, or generally by persons for whom it is responsible (vicarious liability), or
  • animals or things in its care, (liability for animals or things).

A company may be held liable for defective products or products with latent defects that it has produced, imported or placed on the market (product liability).

Depending on the circumstances, a natural person or legal entity may be held liable for fault (due to a fault or negligence on their part) or without fault. Liability may be based on contract (non-performance, breach of contract) or tort (when the perpetrator and the victim of the damage are not bound by a contract).

In order to engage the liability of another person, three conditions must be met: there must be an event giving rise to liability, a damage suffered by the victim, and a direct and certain causal link between the event giving rise to liability and the damage suffered.

I In the context of liability law, the individual or entity responsible for the damage, or the person legally liable by operation of law (the parents of a child, the owners of a pet, etc) shall remedy any damage caused to the victim as a result of the incident, including both tangible and intangible losses, as well as the consequences of bodily injury.

However, the liability of the aforementioned individual or entity may be exonerated, either partially or in its entirety, if they can demonstrate that the damage was caused by an unrelated external factor, such as the victim's own actions, the actions of another person, exceptional and unavoidable circumstances or force majeure, as defined by the law.

CONSTRUCTION LITIGATION

I provide legal advice and support to construction professionals (architects, building contractors, etc.) who may be held liable for defects, disorders, or faults (contractual liability, guarantee of perfect completion, guarantee of equipment components, ten-year guarantee, etc.).

I offer services in the pre-litigation phase, during amicable or judicial expert appraisals, and before the courts.

Additionally, I provide counsel and assistance to clients in the building trade, encompassing both private individuals and corporate entities, who encounter issues related to the  non-performance or substandard performance of the work they have commissioned.

PRODUCT LIABILITY LITIGATION

I defend manufacturers, importers, sellers, and repairers of goods or products against legal actions brought by consumers who claim that they have incurred liability under the warranty

I also assist individuals who have been adversely affected by a defective or faulty product and wish to challenge the liability of the manufacturer, importer, seller, and/or repairer of that product. In such cases, I help my clients obtain compensation for damages suffered.

PROFESSIONAL CIVIL LIABILITY FOR TOURISM AND TRANSPORT OPERATORS

I provide advice and assistance to tourism and transport professionals (travel agencies, tour operators, railway, air and shipping companies) whose liability is questioned by their partners, clients or third parties due to negligence or any other act causing damage.

In addition, I assist clients of tourism and transport professionals who have suffered material, financial, moral or physical damage caused by these professionals and who wish to bring a liability action against the party responsible for the damage.

I also participate in settlement negotiations and alternative dispute resolution proceedings.

LITIGATION RELATING TO PERSONAL INJURY COMPENSATION

Any individual who has suffered psychological shock, injury, or any other bodily harm caused by any fault whatsoever, resulting from a criminal or originating from a harmful act committed to their detriment, has the right to claim for compensation against the perpetrator of the harm and/or the person civilly liable. This right is based on the principle of full compensation.

The aim of this principle is to restore the victim to a state as close as possible to that in which he/she was before the harmful event occurred.

When bodily injury suffered is caused by a crime, misdemeanour, or contravention, victims have the right to seek compensation for their injuries. They can do so by bringing a civil action in a criminal court or a liability action in a civil court.

I advise and assist victims of bodily injury, ensuring they receive the most appropriate compensation from all legal perspectives.

I also assist them in the pre-litigation phase (formal notice, out-of-court procedures, settlement negotiations) and in the context of medical expert appraisals, whether amicable or judicial.

Furthermore, I assist professionals facing allegations of negligence in personal injury cases.

FAQ

Who can claim for damages?

Pertaining to Article 31 of the French Code of Civil Procedure, any individual with a stake in a claim for damages may file such a claim, unless the law designates specific parties with the right to do so.

This means that in principle, the person entitled to claim compensation for a loss is the victim who suffered the loss, except in special cases where the law designates other persons to do so.

For instance, if the victim is a minor child, the right to claim compensation on his/her behalf lies with his/her parents.

In addition, under certain circumstances, the law authorises specific organisations to take legal action on behalf of the collective interests they represent to claim compensation for damages.

For instance, as outlined by article 1248 of the French Civil Code, organisations dedicated to the preservation of nature, operating for a minimum of five years as of the initiation of legal proceedings, are eligible to pursue compensation for ecological damage, defined as significant harm to the components of ecosystems or the collective benefits humanity derives from the environment.

Who sets the amount of compensation?

Seeking condemnation of the person responsible for a harm, is one way to obtain redress, but it is not the only one.

The preferred form of remedy is usually the repair in kind.

If the claim is made before a judge, it is up to the victim to assess the amount and prove that the claim is justified and well-founded.

If the claim is made out of court, the amount of damages is usually determined by the parties themselves.

If the claim is brought before a court, the amount is ultimately determined by the court hearing the case.

How can you prove damages?

Except when the law provides otherwise, proof of damages is free, which means that it may be brought by any means (witness testimony, email exchanges, correspondence, photographs, certificates, company/accounting records, commissioners of justice formerly called bailiff's report, etc.).

However, to be considered conclusive, the evidence brought should preferably be as detailed as possible and be corroborated by other elements.

It is important to note that a letter or affidavit drafted by the individual seeking redress is not considered probative, as it generally follows the legal principle that an individual cannot serve as their own witness.

Conversely, a bailiff's report is considered valid and admissible evidence.

In certain circumstances, it is also possible to request that a judge conduct investigative measures.

It is also possible, in certain circumstances, to ask a Judge to carry out investigative measures.

For instance, in cases involving damage requiring technical assessments, it is possible to request that the relevant interim relief judge order an expert appraisal "avant-dire droit" (prior to any ruling on the merits of the case) which must be conducted in the presence of the parties potentially liable.

Contact me

An experienced, combative, dynamic and devoted lawyer at your service