Given the height of some apple trees, this owner, who is also the manager of a company that uses cranes equipped with nacelles at the end of their arms, decided to use this tool. To do this, he asked two of the employees of this company to come and help him: the first, handling the crane and the second, going up with him on the basket to harvest the apples which were in height. During this manoeuvre, the platform came unhooked, causing a serious bodily injury to the owner and the employee present on the platform with him. This employee, wishing to obtain compensation for his bodily injury , engaged the responsibility of the company that owned the crane and its manager, who, in turn, involved his civil liability insurer and his liability insurer. professional civilian. 2) What was the procedural course of the case
Let Us Specify from the Outset
In order to evacuate the question, that the action of the owner against his professional civil liability insurer was inadmissible. We do not know what was the position of the judges of first instance on the request presented by the employee concerning the compensation of his positions for damages . On the other Greece email list hand, we know that the Court of Appeal of NANCY, under the terms of a judgment delivered on May 26, 2020, rejected the employee’s request for compensation , considering that the system of the voluntary assistance agreement was not not applicable. Indeed, the appeal judges considered that the employee (the assistant) had not spontaneously brought his help to the owner of the orchard (the assisted) since it was precisely the latter who had convinced him to come to him lend a hand.
In the Absence of Spontaneous Help from the Assistant
Insofar as this help by the person , the Court of Appeal that there was, in the hope of it, no agreement of voluntary assistance. On this consideration, the employee could not obtain compensation for his damages. The latter therefore decided to appeal to the Court of Cassation. 3) What is a volunteer assistance agreement? According to the volunteer barometer of the Gambling Email List association “France Bénévolat” (link here ), no less than 19 million French people who, in 2022, gave their time without compensation. This help, which results from a free commitment and without remuneration, falls within the framework of relations of benevolence or courtesy; it is a spontaneous and charitable act for the benefit of the recipient. But accepting someone’s help (or providing help to someone) may imply, in the event of a disaster, engaging.
