An employer's inexcusable fault

This decision provides important insight into your property law. Here is what it changes for you.

The situation

An employer's inexcusable fault may be held to have caused the fatal accident suffered by a worker following the collapse of a wall he was in the process of building and which collapsed under the effect of gusts of wind, since, according to the expert, this wall, which had not been shored up, had only precarious stability due to the very thin thickness and lightness of its elements, and that the work should not have been continued before the bonding mortar had acquired sufficient strength, especially as, contrary to the rules of the trade, no admixture had been used to strengthen it at low temperature, the fall of the wall being thus due to its overly rapid construction and to the absence of safety measures, the action of the wind, described as moderate to fairly strong, which had combined with that of the cold, could not be held to be unforeseeable.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the legal time limits for taking legal action
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at 45€ with Maître Zakine.