Owner Liability for Damage Caused by Entrusted Vehicle

A plaintiff, injured in a traffic accident caused by a driver operating a vehicle with defective brakes, sued the owner of the vehicle for damages based on the owner's strict liability under Article 1384, paragraph 1 of the Civil Code, arguing the owner had retained control over the vehicle, which was entrusted to a third party, the driver. The Court of Cassation rejected the appeal, affirming that for the owner of a thing to be held liable under this provision for damage caused by that thing while it is under the control of a third party to whom it was entrusted, the owner must have effectively retained some custody or power of direction or control over the thing, which was not established in this case as the driver had full control over the vehicle's use and maintenance, including its state of repair.