Building Regulation Violation and Presumption of Causation in Structural Collapse Liability
Synthèse Legislator
Généré par l'IAA party appealed a judgment that held them liable for damages following the collapse of a structure, arguing that the decision erroneously imputed liability based on a violation of building regulations without establishing a causal link between the breach and the damage. The Court of Cassation rejected the appeal, affirming that while a causal link must generally be established, a breach of a regulatory provision intended to protect against a specific danger creates a presumption of causation when that danger materializes, meaning the appellant, having violated the relevant safety regulation, could not escape liability merely by questioning the direct causal link between their specific infraction and the resulting harm.
Regeste Legislator
Généré par l'IABuilding Regulation Violation and Presumption of Causation in Structural Collapse Liability: The Court of Cassation rejected the appeal, affirming that while a causal link must generally be established, a breach of a regulatory provision intended to protect against a specific danger creates a presumption of causation when that danger materializes, meaning the appellant, having violated the relevant safety regulation, could not escape liability merely by questioning the direct causal link between their specific infraction and the resulting harm.