Civil Liability: Who Has Custody of the Ball in a Squash Game?
The French Court of Cassation clarified on November 27, 2025 the rules for civil liability for damage caused by sporting objects, under Article 1242 of the Civil Code.
On February 1, 2017, during a squash game, Mr. P. was injured in the eye by a ball hit by his playing partner, Mr. E. Mr. E. and his insurer were sued for compensation. The Pau Court of Appeal dismissed the claim, considering the two players as co-custodians of the ball.
The Court of Cassation overturned the appeal decision and emphasized that:
Under Article 1242, paragraph 1, a person is responsible not only for damage caused by their own actions but also for damage caused by things under their custody.
Although both players interacted with the ball, at the moment of the injury, Mr. E. alone had the powers of use, control, and direction over the racket, the instrument that propelled the ball toward Mr. P.
Therefore, Mr. E.’s responsibility cannot be excluded merely because the players were co-custodians of the ball.
This ruling clarifies that in duo or team sports, custody refers to the object that causes the damage, not simply shared possession. It strengthens victim protection and defines the limits of liability between participants.
Cass. 2e civ., 27 novembre 2025, n° 24-12.045
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