Contractor Liability for Demolition Damage to Adjacent Property
France (FR)
Synthèse Legislator
Généré par l'IAA contractor, having undertaken the demolition of a building, was found liable for damage caused to an adjacent property when a retaining wall collapsed due to vibrations from the demolition work. The court of first instance ruled against the contractor, holding that even without proof of fault, an owner or occupier who undertakes inherently dangerous work on their property is strictly liable for the damage caused to neighbors by vibrations, relying on the principle of liability for neighboring disturbances, which the appellate court upheld. Consequently, the highest court dismissed the contractor's appeal, affirming that the inherent risk of damage from such activities imposed a direct obligation to compensate the injured party for the resulting collapse of the retaining wall.
Regeste Legislator
Généré par l'IAContractor Liability for Demolition Damage to Adjacent Property: The court of first instance ruled against the contractor, holding that even without proof of fault, an owner or occupier who undertakes inherently dangerous work on their property is strictly liable for the damage caused to neighbors by vibrations, relying on the principle of liability for neighboring disturbances, which the appellate court upheld. Consequently, the highest court dismissed the contractor's appeal, affirming that the inherent risk of damage from such activities imposed a direct obligation to compensate the injured party for the resulting collapse of the retaining wall.