Is compensation available for people injured in public in France?
Victim must show that the accident occurred in a publicly accessible area and that it caused physical harm or financial loss
You need to prove that the accident caused you physical harm or financial loss
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Reader Question: The badly repaired Paris pavements caused me to fall and injure myself. Is there some sort of compensation for this and the fact I had to take time off work?
You will have to gather evidence for a ‘dossier’ about the incident. Yes, you may be entitled to compensation for an accident in a public place, under certain conditions.
You must show that the accident occurred in a publicly accessible area and that it caused you physical harm or financial loss. You will also need to prove the link between the accident and this loss.
Finally, the responsibility of a third party needs to be found.
A street counts as a ‘public place’ (it could also be eg. a park, or even a shop, municipal or other state-run premises, or almost any place open to ‘all’).
In the case of an accident in the street it is likely to be the mairie that is deemed responsible, as it has responsibility for the maintenance of the streets and pavements.
Your own behaviour can also be taken into account, eg. if someone is injured because they were looking at their phone, they may receive less compensation.
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Injury policy in home insurance
In some cases, your own home insurance may be able to help (eg. if your policy includes a garantie des accidents de la vie), or at least offer advice on how to make a claim, notably if your policy includes protection juridique (legal claims help).
You will need to collect a ‘dossier’ of information, including any proof of the accident, such as photos of the place where it happened, witness statements, doctor’s certificate and test results.
You should keep evidence of costs you have incurred as a result, such as medical bills, transport tickets, or loss of income.
In the first instance, you may wish to undertake an ‘amicable’ procedure, by informing the mairie via registered post letter with receipt slip, that you wish to claim compensation for the harm incurred. You will need to state the level of financial or other loss incurred.
If you do not receive a satisfactory answer, you can go to the administrative courts within four years of the incident. In the latter case you will need an avocat specialising in droit de la responsabilité.
Read more: Is getting protection juridique worth it in France?
