Subsidence Damage Without Proof of Negligence
France (FR)
Synthèse Legislator
Généré par l'IAA property owner sued for damages after an adjacent building's demolition caused subsidence that cracked their retaining wall, with the lower court rejecting the claim based on the demolition company's adherence to required safety precautions, thus finding no fault or negligence on their part; the highest court upheld this decision, reasoning that liability for damages resulting from lawful construction or demolition work requires proof of fault or negligence on the part of the perpetrator, which the claimant failed to establish against the demolition company despite the resulting damage.
Regeste Legislator
Généré par l'IASubsidence Damage Without Proof of Negligence: A property owner sued for damages after an adjacent building's demolition caused subsidence that cracked their retaining wall, with the lower court rejecting the claim based on the demolition company's adherence to required safety precautions, thus finding no fault or negligence on their part; the highest court upheld this decision, reasoning that liability for damages resulting from lawful construction or demolition work requires proof of fault or negligence on the part of the perpetrator, which the claimant failed to establish against the demolition company despite the resulting damage.