Passenger Injury Liability in Vehicle Accident Caused by Fallen Tree
Synthèse Legislator
Généré par l'IAA driver, having lost control of a vehicle after striking a tree, injured a passenger, leading the passenger to sue for damages based on the owner's liability, which the owner contested by claiming the accident resulted from an unforeseeable external event, namely the tree's sudden fall. The Court of Cassation rejected the appeal, affirming that the owner's liability under the relevant traffic law is presumed upon proof of the vehicle's involvement in the accident and the resulting damage, and the owner failed to demonstrate that the injury resulted from an irresistible and unforeseeable event extrinsic to the vehicle's operation, such as proving the tree fell before the car reached it, thereby upholding the finding of liability against the vehicle owner.
Regeste Legislator
Généré par l'IAPassenger Injury Liability in Vehicle Accident Caused by Fallen Tree: The Court of Cassation rejected the appeal, affirming that the owner's liability under the relevant traffic law is presumed upon proof of the vehicle's involvement in the accident and the resulting damage, and the owner failed to demonstrate that the injury resulted from an irresistible and unforeseeable event extrinsic to the vehicle's operation, such as proving the tree fell before the car reached it, thereby upholding the finding of liability against the vehicle owner.