Law firm for everyday accident victims
Apart from road accidents and medical accidents, so-called “everyday” accidents are the main events giving rise to bodily injury. The LELIEVRE & SAINT-PIERRE law firm specializes in defending victims of home and sports accidents.
This term of accident of everyday life is not a precise legal category. It is found in the vocabulary of insurance contracts, since many contracts on the market designate themselves as offering guarantees in the event of an accident of life (``everyday life`` or even ``private life``).
This type of accident is therefore likely to generate two types of legal consequences: the application of an insurance contract aimed at opening the right to a service or compensation in the event of a claim on the one hand, or else a right of action against a responsible third party, if applicable, on the other hand.
The legal action which could be brought against the third party responsible for an accident of everyday life mainly obeys the legal rules of common law, or rather the general principles of civil liability.
Such an action is possible for example:
In any case, it is certainly wise to take immediate steps to retain evidence of the circumstances of the damage.
The victim or his entourage will therefore have to think about obtaining a copy of the accident or emergency response report – if there was one – or calling in a bailiff to establish a report.
This type of accident is more than a subset of so-called ``everyday`` accidents. Indeed, once a victim has been injured during a sporting activity, several legal rules are likely to apply, possibly overlapping each other.
If the sport is practiced in an organized framework, under cover of an association, it will be useful to declare the accident to the insurer of the sports association, who will also declare to the insurer of the home federation, the case. appropriate.
When the injury is due to the fault of a third party (participant in the sporting activity, or organizer of the activity), the liability of this third party will be engaged.
Compensation for bodily injury suffered while practicing sport will therefore very often be provided through an insurer.
It will be important for the victim either to obtain the report drawn up on the accident (for example emergency response report, score sheet, written certificate from other participants, etc.), or to have a report drawn up. bailiff, in order to preserve the evidence on the circumstances of the accident.
A question that will arise frequently will be whether the injuries occurred outside of the risks inherent in the practice of the sporting activity in question, and which were accepted by the participant.
Our law firm specialized in sports accident victims is on hand to represent you. And thus allow you to obtain compensation for bodily injury that could result from playing sports.
Some common examples of sports accidents giving rise to a right of action against a responsible third party:
Victim of defective products
French law has transposed a European directive relating to liability for defective products. This legislation aims to help the fate of victims injured by the malfunction of a product.
The scope of this law covers all types of products.
It can, for example, be a motor vehicle, a container of liquid or gas under pressure, or even a health product (prosthesis, contaminated blood, etc.).
The means used by the law in question are essentially a certain relaxation of the rules of evidence necessary to access compensation for the victim, but above all the explicit recognition of the responsibility of the producer and any seller of the product in question.
The victim can therefore apply at his option to the seller and / or the producer of the defective product that caused him damage in order to obtain compensation.
In the context of a possible action for damages, the victim will have to prove that the product did not present the safety which he could legitimately expect, taking into account in particular all the circumstances and in particular the presentation of the product, the use that can be reasonably expected and when it is put into circulation.
The producer and the seller may be responsible for the defect even though the product has been manufactured in compliance with the rules of the art or existing standards or that it has been the subject of an administrative authorization.
The fault of the victim in the use of the product can be a cause of reduction or exemption from the liability of the manufacturer or the seller. As soon as the conditions of liability are met, compensation for the damage will be done according to the rules of common law.