The civil liability of the individual and his insurance

The civil liability of the individual and his insurance

Anyone can unintentionally cause harm to others. Civil liability, defined by law, creates the obligation to repair the damage caused. Insurers systematically include a private life liability guarantee in multi-risk home contracts. What exactly does it guarantee?
What are you responsible for?
What does private life liability insurance cover?
What are the limits of liability insurance?
Civil liability: are you insured?
What are the points to check?
What are you responsible for?
The general principles applicable in matters of liability are taken from the Civil Code.
You can be responsible:

damage caused by your own fault, recklessness or negligence (art. 1240 and 1241)
acts committed by your minor children (art. 1242 para. 4)
You are held liable for damages of which your children are the direct cause as soon as you exercise parental authority and they have their habitual residence with you, unless you can prove:
- a case of force majeure;
- a fault of the victim.

Occasionally entrusting your children to a third party (school, grandparents, etc.) does not exonerate you from your responsibility.

acts committed by your domestic workers (art. 1242 para. 5)
This is, in particular, your cleaning lady, your gardener, the young girl who looks after your children ...

damage due to objects which you have, which belong to you, which you have borrowed or rented (art. 1242 para. 1)
This liability is not necessarily linked to fault or negligence. It only arises from the fact that the accident was caused by the object.

But you have the possibility of releasing yourself from this liability if the fault of the victim is established or if the event generating the damage constitutes a case of force majeure (irresistible and unforeseeable event).

damage caused by your animals or those you keep (art. 1243)
If your pet escapes, you are responsible for any damage it may cause.
But the liability of the owner (or custodian) of the animal is not accepted if it is proven that the victim has committed a fault contributing to the damage.

damage due to your apartment, your house (art. 1244)
When you are a homeowner, you are liable for damage due to poor maintenance or a construction defect in your ruined house or apartment.
What does private life liability insurance cover?
The role of insurance is to take the place of the responsible party to compensate the victim.

In the absence of insurance, the person responsible must himself compensate the victim (s).

Insured persons

Generally, the private life civil liability guarantee covers the subscriber of the contract, as well as any person permanently residing in the latter's home (his or her unmarried adult children and / or those of the person living with him).

In some contracts, even unmarried children who do not usually live in the insured's home, may be covered, for example when they are pursuing studies without exercising a profession. Persons who, occasionally and free of charge, take care of children and animals may also be covered.

Covered damage

The private life civil liability guarantee covers the financial consequences of the civil liability incumbent on the insured in the context of his private life due to bodily injury, material and immaterial damage caused to third parties by:

his own act or the act of the persons for whom he must answer;
movable property or animals of which the insured is the owner or custodian.
What are the limits of liability insurance?
Intentional damage

If you willfully cause damage to others, your insurer will not intervene. According to the courts, there is willful misconduct (and therefore exclusion of cover) when the insured has not only the will to cause the damage, but also the awareness of the consequences of his act.

Professional activities

In principle, private life liability insurance excludes any professional activity or public or trade union functions. However, it is possible to provide for an extension of the guarantee to cover certain legal obligations (childminders, people caring for the elderly or disabled adults, etc.).