“We are not responsible for any injury, theft or other damage that may be caused while using our facilities. »
You have probably already seen, or even signed, this clause before practicing an activity or attending an event. But what is it worth legally?
What is an “exclusion clause”?
In legal jargon, this clause is called the “limitation or exclusion of liability clause”. Concretely, it appears on the text of a poster, a show ticket, a website or even a contract. Warning: such clauses are often hidden in the fine print and are not always highlighted.
Exclusion of liability clauses may relate to physical damage (example: injuries) or material damage (example: equipment breakage, theft).
This clause is not always valid
Even if this clause is well written or visible, it is not always valid. In principle, a trader cannot exclude or limit his liability in advance. You may therefore have recourse in the event of injury during an activity or event even if you have signed an exclusion of liability clause. Same thing if your property has been damaged.
Please note: in the event of a lawsuit, the judge will still have to determine whether your damage is due to your fault or that of the merchant. You could, for example, be blamed for not having followed the security instructions given by the merchant.
Having an appeal is one thing, winning your case is another!