Victim’s Negligence No Longer Automatically Reduces Compensation
In a major decision dated 29 May 2026 (No. 23-20.005), the French Court of Cassation clarified the impact of a victim’s negligence on personal injury compensation.
The case involved a teenager who became quadriplegic after diving into shallow water during a supervised leisure activity. The organizers had failed to provide adequate safety instructions. The issue before the Court was whether the victim’s own imprudence could justify a reduction in compensation.
The Court held that where a professional organizer has breached its safety obligations, it cannot rely on the victim’s mere negligence to obtain an apportionment of liability.
This ruling significantly strengthens the principle of full compensation for personal injury victims and limits the ability of professional defendants to reduce their liability by relying on the victim’s conduct.
Cass, Assemblée plénière, 29 mai 2026, n°23-20.005
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