Court:
Cour de Cassation, 1re civ., 7 November 2006, pourvoi n° 05-11.604, Bull. civ. I, n°467
Topics:
Defect
Articles:
Facts:
The claimant suffered second and third degree burns on his legs due to contact with fresh concrete during the construction of a garden pond.
General safety information was provide on the sales contract documents concerning the risk of allergies, marks and burns in case of prolonged contact of concrete with the skin. Users were thus advised to wear gloves and protective eyewear.
The Court of Appeal found the concrete supplier and its insurer liable in damages on the basis of the transposed Directive.
Legal questions:
Was the Court of Appeal justified in its finding of liability ?
Decision:
The Court de cassation upheld the lower court's decision. The Court of Appeal was justified in finding a defect for provision of inadequate safety information in respect of the product supplied. Users had not been told to wear protective boots and water-proof clothing so as to avoid all contact with the skin. Nor were the users warned to remove any clothing that was soaked with concrete and wash the exposed areas of the skin.
The fact that the claimant had worn his trousers soaked in concrete for the period of an hour did not constitute a fault of the victim.
