What does my private civil liability cover?

What does my private civil liability cover?
In your daily life, you are never safe from an accident, no matter how serious: at home, at school, in the context of sports or cultural activities ... And if you or your child are at the origin, the law provides that you must assume the repair or compensation. This so-called "civil" liability, which relates to any damage caused to a third party, can involve you in extremely large amounts, and must therefore be the subject of specific insurance. While this coverage is essential today, especially through home insurance contracts, it is important to know precisely the nature and extent of it in order to avoid unpleasant surprises!

Civil liability, what is it?
Legal principles
In France, the principle of civil liability aims to repair any damage caused to a third party by a private person, in the form of damages.

So-called "civil" justice is different from:

Contractual justice, which covers damages that would be caused by the poor performance of a contract entered into between two parties;
Criminal justice, which aims, according to a repressive logic, to punish facts corresponding to misdemeanors or crimes, as defined by law.
Civil justice is essentially governed by provisions of the Civil Code, some of which have not been amended since their creation ... in 1804! These provisions apply when there is no contract between the two parties involved - this is referred to as extra-contractual civil liability.

Liability for damage
Among the most important texts, we find in particular article 1240: "Any fact whatsoever of man, which causes damage to another, obliges him through whose fault he arrived to repair it. "
The principle is simple: it is the author of the fault who is required to repair it.

Two circumstances can nullify this liability:

A case of force majeure (irresistible or unforeseeable event)
A fault committed by the victim himself.
 

Intentionality
The Civil Code adds a key provision: the acts referred to may have been committed “through negligence or recklessness”, and not only with the will to harm (article 1241).
Even if the fault is committed involuntarily, you may be held liable.
Dependents
In addition, you can be held responsible for mistakes that you have not committed yourself. Thus, are also concerned acts committed by "persons for whom one must answer, or things which one has in his custody" (article 1242).

According to this particularly important provision, your civil liability is therefore engaged if the facts are due to:

Your children if they are minors and they live with you under your authority
A domestic worker: housekeeper, gardener, nanny or babysitter ...
Objects that you own or of which you are the custodian, even borrowed or rented
A domestic animal, which, for example, has escaped from your home, even if you keep it temporarily
Your home (construction defect or lack of maintenance) if you are the owner.
 Good to know
Even if your children are entrusted at the time of the incident to another person (eg grandparents) or to a third-party establishment (school, sports, etc.), you will still be held liable for any damage they may cause.
Civil liability "private life"
The “private life” civil liability, or more often called private civil liability, concerns all the facts which could occur within the framework of your private or family life outside your professional activity.
This is generally the subject of specific insurance provisions and mechanisms, sometimes provided for in the employment contract (see below).

Here are examples of situations where your private civil liability is involved:

You spill and smash a vase in a decoration store
You break the mower your neighbor lent you
At a party at a friend's house, you knock over and break their TV
A friend slips on a puddle in your kitchen and falls injured
Your child hurts a friend while playing at school
Your dog knocks over and injures an elderly person on the street
And at work?
 
Depending on your professional status and the nature of your contract, your civil liability at work may be covered in different ways.
A company is legally responsible for all damage caused to third parties by its employees or equipment. It may have taken out a group insurance contract covering all of its employees as part of their professional activity, as well as its equipment. However, this insurance is not compulsory.
For certain regulated professions, civil liability insurance