Conditions for state liability

The French state can be held liable for damages caused by gatherings or assemblies under article L211-10 of the Internal Security Code. This law states that the state is civilly responsible for injuries or damage resulting from violent acts by groups, regardless of whether the police were at fault. This is particularly relevant for merchants affected by looting during protests or demonstrations.

Link between damage and assembly

Merchants seeking compensation must prove that their losses were directly caused by a gathering or assembly. Proximity in time or location to a protest is not enough. They must show that the damage was the result of acts committed by the group, such as violence or looting, and not by an unrelated criminal group.

Evidence needed for a claim

To support a claim, merchants must gather detailed evidence, including video footage, photos, police reports, and witness statements. These should show the sequence of events, the timing of the damage, and the connection to the assembly. This is crucial because the court will examine the specific circumstances of the case.

Police fault as an alternative

If the conditions of article L211-10 are not met, merchants can argue that the state is liable due to police negligence. This would require showing that the authorities failed to take appropriate measures to prevent the damage. However, this is a higher burden of proof, as it involves demonstrating both a failure by the police and a direct link to the damage.

Combining legal grounds

Merchants can use both the liability without fault and the liability for police fault in their claims. This strategy can be useful if the connection to a gathering is uncertain. Even if one ground is not met, the other may still provide a basis for compensation.

Preserving evidence after an incident

Merchants should immediately document all damage, including photographs, videos, and inventory records. They should also keep police reports and any communications with insurers. If repairs are needed, they must be documented with invoices and before-and-after photos to preserve the evidence.

Insurance and state compensation

Merchants should report the incident to their insurer as required by their policy. They must understand their coverage, deductibles, and any exclusions. The insurer may then seek compensation from the state, but the merchant may still claim any remaining losses not covered by insurance.

Filing a claim with the court

Before filing a lawsuit, merchants must submit a formal compensation request to the relevant administrative authority. This request must include all supporting evidence, details of the incident, and the amounts claimed. It should also consider any compensation already received from the insurer.

Damages that can be claimed

Merchants can claim material damages, such as repair costs and lost inventory, as well as loss of earnings. Each item must be clearly justified and compared to insurance payouts. Loss of earnings must be calculated based on actual economic loss, not just lost revenue, and must be supported by accounting records and sales data.

Conclusion on liability and compensation

The state's liability in cases of looting or damage during protests is not automatic. Merchants must build a strong legal and factual case to support their claims. This includes coordinating with insurers, presenting a clear prior claim, and carefully evaluating all types of damages. A well-documented case, even with smaller losses, is more likely to succeed than one with high losses but weak evidence.