Adaptation of the Home of an Accident Victim: Compensation for the Construction and Maintenance of a Swimming Pool

The head of damage relating to adapted housing costs entitles a victim to compensation for all expenses necessary to secure accommodation suited to their disability. This may include, for example, the installation of a walk-in shower, the construction of a bedroom or bathroom on the ground floor, the installation of grab bars, or the creation of an adapted parking space.

The notion of adapted housing is broadly construed. In a judgment of 22 May 2024, the Criminal Division of the Court of Cassation held that the perpetrator of a traffic accident could be ordered to bear not only the construction costs of a swimming pool but also its maintenance.

In that case, the victim suffered from triple paralysis, which prevented access to public leisure and swimming facilities, even with the assistance of a third party.

The Court held that:

"The purchase of a house built on a larger plot of land with a swimming pool, enabling the victim to enjoy swimming in appropriate conditions, does not constitute any unjust enrichment but falls within the needs directly inherent to the severe disability resulting from the accident."

Accordingly, the compensation process must ensure that the victim is provided with housing that guarantees living conditions as close as possible to those enjoyed prior to the accident.