Pedestrian Falls in a Public Car Park: What Is the Basis for the Victim's Claim?

The Second Civil Chamber of the Court of Cassation held that the operator of a car park may be held liable for a fall occurring within the premises:

• On the basis of contractual liability, if the victim has entered into a contract with the operator; or
• On the basis of non-contractual liability, if the victim is a third party to the parking contract.

Accordingly, a person walking in a car park after parking their vehicle or while approaching their vehicle is considered a party to a contract with the car park operator. The operator therefore owes a duty of safety to its customers, and the victim's claim must be brought on a contractual, not extra-contractual, basis. 2nd Civil Chamber, 21 December 2023, Appeal No. 21-22.239