UA holiday center which does not provide sufficient supervision for the young people it welcomes may, in the event of an accident, be subject to civil liability, as the following case shows.
During the summer of 2016, A. The 1is August, an electric scooter outing is planned. The twelve young people, accompanied by a Bafa graduate instructor, will collect the machines from the Deval'trot company, which rents them. After an introduction to how they work, they divide into two subgroups of six. The one in which A is located, led by the facilitator, must follow an easier route than the other, guided by an employee of the company.
However, while trying to brake on gravel, A falls and seriously hurts her arm, so much so that she cannot continue the activity. The host tries to call for help, but he is unable to reach anyone because he is in a white area, not covered by a mobile phone network.
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He then stands on the side of the road to wait for a car to pass. He entrusts the young girl to… a stranger, so that he can take her to the Polyclinique des Trois Vallées, Bédarieux.
When A's parents learn about it, they can't help but think of the kidnappings carried out by Michel Fourniret, a pedophile rapist and serial killer. Fortunately, the stranger took their daughter to the polyclinic, which diagnosed a fracture of the right forearm. They will pick her up there, to take her to the pediatric emergency room of the Lapeyronie university hospital center in Montpellier, where she is operated on. A must keep a cast for a month and a half.
Obligation of means
M. and Mme X make a claim declaration to Maif, which insures Languedoc Evasion, to obtain compensation for the damage suffered by their daughter. Maif offers them 184 euros, which they refuse. On the advice of a lawyer, Me Sophie Miralves-Boudet, they decide to bring into play the civil liability of the center, which they consider to have failed in its obligation of security of means.
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The Montpellier judicial court rejects them, but the court of appeal of this city overturns its judgment, on September 19, 2024. It considers that the contract binding the parties is subject to the provisions of article R. 227-18 of the code of social action and families. However, unlike other texts which require only one leader for twelve children, this one states: “ During a vacation stay: 1° The number of supervisors cannot be less than two people. »
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