Owner Liability for Brake Failure in Traffic Accident
Synthèse Legislator
Généré par l'IAA claimant, having been injured in a traffic accident caused by a vehicle, sued the owner of that vehicle for damages, arguing the owner was liable under the law governing traffic accidents. The lower court ruled in favor of the claimant, finding the vehicle owner liable based on the presumption of fault in traffic accident cases. The owner appealed, arguing that the presumption of fault should not apply because the accident was caused by an unavoidable exterior force, specifically a sudden mechanical failure of the vehicle's brakes, which amounted to *force majeure*. The highest court rejected the appeal, holding that a mere mechanical defect, such as brake failure, does not constitute an irresistible and unforeseeable external event qualifying as *force majeure* sufficient to exonerate the driver or owner from liability under traffic accident statutes.
Regeste Legislator
Généré par l'IAOwner Liability for Brake Failure in Traffic Accident: The lower court ruled in favor of the claimant, finding the vehicle owner liable based on the presumption of fault in traffic accident cases. The owner appealed, arguing that the presumption of fault should not apply because the accident was caused by an unavoidable exterior force, specifically a sudden mechanical failure of the vehicle's brakes, which amounted to *force majeure*. The highest court rejected the appeal, holding that a mere mechanical defect, such as brake failure, does not constitute an irresistible and unforeseeable external event qualifying as *force majeure* sufficient to exonerate the driver or owner from liability under traffic accident statutes.