Those who have been enthusiastically following the stages of the 111th edition of the Tour de France since June 28th do not necessarily suspect the danger that cyclists run in the event of a collective fall in the peloton. The following case, although not concerning a competition, sadly reminds us of this.
On March 3, 2019, Mr. X, 56 years old, a great athlete, member of the association Les Gentlemen d’Aunis, takes part in a hike in Charente-Maritime. The wind is blowing hard, the cyclists ride wheel to wheel, to avoid the gusts. Mr. X is at the back of the pack, to the right of Mr. Y, and behind Mr. Z.
The latter, thrown off balance by a gust of wind, falls. Mr. Y manages to avoid him, but Mr. X goes over his handlebars and falls head first into the side of the road. As he is no longer breathing, a doctor in the peloton places him in the lateral safety position while waiting for help. He is airlifted to a hospital, but the accident leaves him quadriplegic.
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The resulting financial loss will amount to “over 1 million euros”says his lawyer. Mr. François-Frédéric Andouard considers that the damage was caused by Mr. Z: Mr. Y in fact stated that the seat post blocked Mr. X’s front wheel, breaking the spokes, which caused him to be catapulted. Mr. Z disputes this. His lawyer, Mr. Marine Kervingant, maintains that there is no proof of any contact between the two bicycles. She claims that Mr. X was riding too close to Mr. Z, without respecting the safety distances.
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However, the judges held Mr. Z responsible for the accident, based on the principle that “we are responsible for the damage” caused by the fact “things that one has in one’s custody” (article 1242 of the civil code). They consider that the position of his bike, ” inert ” on the ground, after the fall, was “ UNUSUAL ».
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Alas, the Thélem company, supposed to cover its civil liability in the event of damage to third parties, disputes the obligation to provide cover: its contract excludes “damage caused during amateur sporting activities, within the framework of an association”She lost in summary proceedings, then at first instance, but won before the Poitiers Court of Appeal on April 9, 2024.
Fortunately for the victim, there is still the compulsory insurance taken out, under article L321-1 of the sports code, by the Gentlemen of Aunis, in this case, with Macif. But the latter also disputes having to play: it claims that the association took out a contract subordinating its guarantee to the characterization of a “fault” − which would be contrary to its legal obligation; or“it does not justify [cette] affirmation »the magistrates note. It still claims to only insure the damage caused “to third parties”. Or, “Members of an association are legally considered third parties among themselves”Finally, she claims that she only has to use a “bodily injury” guarantee, covering only certain types of bodily injury, whereas Mr X, who became disabled, lost his business and thus suffered professional harm.
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2024-07-15 04:00:13
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