Legal recourse available for merchants

Merchants affected by the demonstrations on October 17 and 18 may pursue legal action against the state to seek compensation for damages, according to a provision in the Internal Security Code.

State liability under specific conditions

Article L211-10 of the Internal Security Code holds the state civilly liable for damages caused by groups or gatherings, whether armed or unarmed, that commit offenses against people or property. This applies if the damage results from criminal acts.

Demonstrations met criteria for liability

The demonstrations on October 17 and 18 involved groups of individuals, some armed with objects like iron bars and fire extinguishers, others carrying bags for theft. These actions meet the legal definition of a gathering committing offenses.

Damages must be proven and documented

To qualify for compensation, merchants must demonstrate the existence of damages, such as property destruction or theft. Visual and photographic evidence from the events can help establish this.

Loss of revenue must be calculated

Merchants should work with their accountants to calculate the financial loss due to forced closures. This loss can be included in the claim for compensation.

No need to prove police negligence

Unlike other legal claims, this regime of liability does not require victims to prove that the police failed in their duty. The state is liable regardless of the police’s performance.

Legal recourse is often overlooked

Many victims are unaware of this legal option, but it can be effective if pursued carefully and with sufficient evidence to support the claim.