Driver and Construction Company Liable for Collision with Fallen Scaffolding
France (FR)
Synthèse Legislator
Généré par l'IAAn individual was severely injured when a vehicle, driven by another person, struck a piece of scaffolding that had fallen from a construction site onto the road, and the injured party sued the driver and the construction company for damages. The Court of Cassation rejected the appeal against the finding of shared liability, reasoning that while the driver was at fault for failing to maintain a safe distance and for failing to notice the obstacle in time to avoid it, the construction company was also liable for negligently allowing the scaffolding to fall onto the thoroughfare, establishing concurrent fault under the principles of traffic law and civil liability for creating a dangerous obstruction.
Regeste Legislator
Généré par l'IADriver and Construction Company Liable for Collision with Fallen Scaffolding: The Court of Cassation rejected the appeal against the finding of shared liability, reasoning that while the driver was at fault for failing to maintain a safe distance and for failing to notice the obstacle in time to avoid it, the construction company was also liable for negligently allowing the scaffolding to fall onto the thoroughfare, establishing concurrent fault under the principles of traffic law and civil liability for creating a dangerous obstruction.