The damage assessment must respect the principle of full compensation

The facts : An individual is seriously injured by the explosion of a pyrotechnic device at a club party. The victim summons the guild and his insurer in responsibility and compensation of his injuries, then died of his injuries. The association is declared liable for the damage suffered by the victim and the insurer is liable.

Decision : Allocate a certain amount (€80,000) to the beneficiaries of the deceased in connection with professional impact, the Court of Appeal held that it was a “flat assessment”. The insurer believes that, with this decision, the Court of Appeal, without specifically assessing the harm resulting from the professional impact, violated the principle of para. complete repair with no loss or gain to the victim. He argues that only the consolidation of the victim’s status makes it possible to remedy the permanent damages that result, such as the professional impact.

Comment : The Court of Cassation condemns the Court of Appeal on the basis of the principle of full compensation and agrees with the insurer. “With this decision, the Court of Appeal, while damages must correspond to the latter and cannot be determined on a flat-rate basis, violated the above-mentioned principle”.

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