Pathological Predisposition and the Right to Compensation
Can a pathological predisposition limit the compensation recoverable by a victim?
April 6, 2025
In a judgment of 11 July 2024, the Second Civil Chamber of the Court of Cassation reaffirmed that a victim's right to full compensation for bodily injury cannot be reduced on the basis of a pathological predisposition, where the resulting condition was caused or revealed solely by the harmful event.
This position is consistent with prior case law of the Court of Cassation (Crim., 11 Jan. 2011, No. 10-81.716; Civ. 2nd, 28 June 2012, No. 11-18.720; Civ. 2nd, 19 May 2016, No. 15-18.784; Civ. 2nd, 16 Sept. 2021, No. 19-26.014).
Civ. 2nd, 11 July 2024, No. 23-17.893