Initially, the “tenant” was the beneficiary of a lease contract (by the Law of July 6, 1989 tending to improve rental relations ). But following a judgment at the request of the owner, the eviction of the tenant. The “tenant” to remain in the premises, without right or title and, two years after this decision, she fell from the kitchen window of the apartment; the railing having unhooked. She decided to engage the responsibility of the owner of the apartment to obtain compensation for her damages .
What Were the Owner’s Arguments
To oppose a condemnation? Quite naturally, the owner of the apartment argued that the “tenant” remained in the premises without right or title since a judgment had previously confirmed that she had to leave the premises. The owner therefore considered that the “tenant” had committed a fault such as to Grenada email list exclude or reduce his right to compensation . 3) What is the incidence of the fault of the victim? In the law of liability, it is common ground that any act whatsoever of man, which causes damage to another, obliges the person by whose fault it to repair it (principle resulting from article 1242 of the Civil Code , formerly section 1382).
The Behavior of the Victim
Who commits a fault, can lead to a reduction, or even a suppression, of his right to compensation. 4) Why did the courts ruling in this case all hold that the owner’s liability? The Judges successively considered that the bodily injury by the “tenant” resulted from a lack of maintenance Gambling Email List of the building. It is the rupture of the railing of the window of the kitchen, attributable to a lack of maintenance incumbent on the owner, which is the cause of the accident. The fact that the “tenant” remained in the premises when her eviction was into account. For the magistrates, it is not the illegitimate presence of the “tenant” which is at the origin of his fall but the poor state of the guardrail.
