During the terrible floods that hit Biot in October 2015, three residents of a nursing home tragically lost their lives, drowned in their room. After a long legal battle, justice has just ordered the municipality to compensate the family of one of the victims…
In October 2015, the peaceful town of Biot, in the Alpes-Maritimes, was hit by terrible floods which claimed the lives of twenty people. Among the victims, three residents of an Accommodation Establishment for Dependent Elderly People (Ehpad) who tragically drowned in their room. Nearly eight years after the tragedy, the courts have just ordered the city to compensate the family of one of the deceased residents.
A night of horror at the Clos Saint-Grégoire nursing home
On the evening of October 3, 2015, violent storms hit the Côte d’Azur, transforming rivers into torrents of mud. In Biot, a devastating wave of flooding invaded several neighborhoods, including the ground floor of the Clos Saint-Grégoire nursing home, managed at the time by the Orpea group.
Three residents aged 82 to 94 drowned in their roomwhile eighteen others spend long hours in the dark, trapped in muddy water rising up to 1.25 meters. A night of horror for these vulnerable people and their loved ones.
The mayor of Biot found responsible
After a long legal procedure, the Nice administrative court has just delivered its verdict. In his judgment he points “the existence of a culpable failure on the part of the mayor of Biot in the exercise of her police powers” the day of the disaster.
The judges believe that this deficiency “caused the victim to lose a serious chance of not dying from drowning”. They criticize the councilor in particular for not having triggered the municipal protection plan until 9:30 p.m., at the precise moment when the wave of submersion invaded the nursing home, and for not having taken the necessary measures to ensure the safety of the residents. residents, yet exposed to a known risk of flooding.
Compensation for moral damage
Consequently, the court ordered the commune of Biot to pay 34,000 euros to the family of a deceased 91-year-old resident that night. This sum includes 20,000 euros for the loss of fear of death suffered by the victim, as well as 14,000 euros for the moral damage of his or her loved ones.
“The mayor had not taken the necessary measures to ensure the safety of the residents of this establishment, even though it was exposed to the risk of flooding”
Extract from the judgment of the Nice administrative court
A predictable flood
This court decision highlights the failings of local authorities in the face of an identified natural risk. The Clos Saint-Grégoire nursing home, located on the edge of La Brague, was in fact listed in flood zone.
Despite this known danger, no specific measures had been taken to protect residents or organize a possible evacuation in the event of flooding. A lack of precaution which proved fatal this evening in October 2015.
A heavy human toll
Beyond the material losses, the floods of Biot will have above all left a terrible human toll. In addition to the three residents of the nursing home, 17 other people lost their lives in the disaster, making these bad weather the deadliest incidents in France since storm Xynthia in 2010.
A legal precedent
The judgment of the administrative court constitutes a first recognition of the responsibility of a municipality in the death of vulnerable people during a flood. A decision that could set a precedent and encourage municipalities to strengthen their crisis prevention and management systems.
-Because beyond the specific case of Biot, this tragedy recalls the need for the authorities toadapt town planning and emergency plans to the reality of climate change. With the expected increase in extreme weather events, protecting populations, particularly the most vulnerable, must become an absolute priority.
A duty to remember
Nearly eight years after the tragedy, this court decision offers a form of recognition of the suffering of bereaved families. If it will never be able to erase their pain, it has the merit of not leaving these dead in oblivion and indifference.
Because beyond legal and financial considerations, remembering these ruined lives and the circumstances that led to their loss remains a duty. A duty of memory, but also of vigilance, so that such tragedies do not happen again.
A long fight for the truth
For the victims’ relatives, this court decision marks the culmination of a long and painful fight. For years, they fought to shed light on the circumstances of the tragedy and establish responsibilities.
Faced with the inertia of the authorities and the slowness of the procedure, many could have given up. But driven by their thirst for truth and justice, they held on, with only their determination as their weapon.
Their tenacity finally paid off. By recognizing the municipality’s culpable failure, the court agrees with them and validates their fight. A legal victory, but also a moral one, for these damaged families who can finally begin their mourning.
Necessary but insufficient compensation
Although the administrative court’s decision is important, it nonetheless falls far short of the expectations of the plaintiffs, who demanded 140,000 euros. An amount much higher than the 34,000 euros ultimately granted.
But beyond the question of amounts, it is above all the very principle of compensation which questions. Because how can we quantify the value of a life? How to measure the depth of a loss? No amount, no matter how high, can ever compensate for the pain of bereavement and the absence of a loved one.
However, in our legal system, compensation remains the only way to recognize damage and punish fault. A very imperfect palliative, but which has the merit of existing and reminding us that these lost lives are not without value.
A lesson for the future
Beyond individual compensation, this court decision must above all be a warning for local authorities across the country. Faced with the growing threat of natural disasters, negligence can no longer be tolerated when it comes to protecting populations.
This involves reviewing our urbanization methods, rethinking the development of risk areas and strengthening alert and evacuation systems. This also involves allocating the human and financial resources necessary for crisis prevention and management.
Because the tragedy of Biot cruelly reminds us thatregarding floodingas with all natural risks, there is no fate, only choices and responsibilities. It is up to us to ensure that the lessons are learned, so that every life counts and is protected. We owe it to the victims, their families and ourselves.
