Fuel Leak Fire: A Stationary Vehicle Considered 'Involved' under the Badinter Law

In a judgment dated April 3, 2025 the Court of Cassation clarified the scope of a vehicle's "involvement" under the French law of July 5, 1985, also known as the « Badinter Law ».

A vehicle parked in a private garage leaked gasoline, causing a fire. Can a stationary vehicle, not in motion or performing any maneuver, be considered "involved" in a traffic accident ?

The Court answer « yes ». The mere fact that the vehicle caused the gasoline spill leading to the fire was sufficient to qualify it as "involved" under the Badinter Law.

This decision aligns with prior jurisprudence recognizing a vehicle's involvement not only during dynamic use (driving or maneuvering) but also when it causes damage while stationary, provided it played a causal role in the accident.