What to do if someone is injured on your property in France

Accidents around the home are fairly common, from tripping on a paving slab to being knocked over by an exuberant dog. But what if the victim is not a family member but a friend, neighbour or perhaps the local postman?

Clearly, the first step is to take care of the injured party. Call 15 or 112 for emergency medical help or, if you are hearing- or speech-impaired, use the 24-hour website 114.

Once you know that the person is safe and receiving treatment, you can deal with the issue of liability.

Can I be held liable for injuries?

The short answer is yes. According to the French Civil Code (Article 1240), an individual is legally responsible for any damage they cause to others, intentionally or accidentally. 

If there is a link between the injury and you as the property owner, you will be considered responsible, regardless of whether you were negligent or simply unlucky.

The costs of such an injury can quickly accumulate, but they can be covered by a liability policy and the good news is that you probably already have one in place.

When setting up a bank account or insurance policy in France, you will probably have been encouraged to take out assurance responsabilité civile (civil liability or public liability insurance).

For private individuals, this cover is almost always included as part of a home insurance policy (assurance habitation). 

If you are renting an unfurnished property, you must have your own insurance, at the very least ‘tenant's liability’ (responsabilité civile locative), to cover damage such as fire or water leaks. Landlords will ask for proof of this every year.

Similarly, if you own an apartment in a building, you are legally required to have liability insurance to cover damage caused to the building or neighbours.

For those who own a detached property, liability insurance is technically optional, but it is strongly recommended. If you have a mortgage, your bank will almost certainly make it a condition of the loan.

What does liability insurance cover?

Your liability insurance (assurance responsabilité civile) covers any accidents that happen on your property, whether indoors or outdoors. This would include a visitor getting burned in your kitchen, tripping in your garden or slipping and breaking a bone.

Under French law, any person who suffers an injury can file a claim in court for compensation for damages (indemnisation du préjudice) to be paid by the person responsible.

The civil liability insurance of a homeowner or tenant can be invoked by the injured party, whether that is a guest, a neighbour or even a delivery driver. 

The policy compensates the victim for loss of earnings, pain and suffering and medical expenses not refunded by social security, while also covering any legal defence costs you may encounter.

Check with your insurance provider that assurance responsabilité civile is in place, and that you know what to do if you need to call on it.