Liability of a person for losses caused by an object under that person’s control.
The Law on Custodian Liability
Custodian liability means that a person is liable for losses caused by an object under that person’s control. It has its origins in the French law (Wagner 2012). Article 1384(1) of the French Code Civil states that a person is responsible for the damage caused by things in his custody. Originally, this phrase was not intended as a separate cause of action but merely as a reference to the provisions 1385 and 1386 CC, which respectively hold keepers of animals and owners of buildings liable for damage caused by animals or defective buildings. Some landmark judgments by the Cour de Cassation however transformed this statement into the legal basis for making custodians liable for damages caused by objects of any kind. A claimant needs to show that the thing has contributed to the realization of the damage. A thing includes all inanimate objects. It can be dangerous...
- De Mot J, Visscher LT (2014) Efficient court decisions and limiting insurers’ right of recourse. The case of custodian liability in the Netherlands and Belgium. Geneva Papers Risk Insur – Issues Practice forthcoming, 39(3):527–544Google Scholar
- Fabre-Magnan M (2010) Responsabilité Civile et Quasi-Contrats, 2nd edn. Presses Universitaires de France, ParisGoogle Scholar
- Faure MG (2002) Economic analysis. In: Koch BA, Koziol H (eds) Unification of tort law: strict liability. Kluwer Law International, Den Haag, pp 361–394Google Scholar
- Posner RA (2003) Economic analysis of law, 6th edn. Aspen Publishers, New YorkGoogle Scholar
- Schäfer H-B, Müller-Langer F (2009) Strict liability versus negligence. In: Faure M (ed) Tort law and economics, vol 1, 2nd edn, Encyclopedia of law and economics. Edward Elgar, Cheltenham, pp 3–45Google Scholar
- Shavell S (2004) Foundations of economic analysis of law. The Belknap Press of Harvard University Press, Cambridge, MAGoogle Scholar
- Vansweevelt T, Weyts B (2009) Handboek Buitencontractueel Aansprakelijkheidsrecht. Intersentia, AntwerpGoogle Scholar
- Wagner G (2012) Custodians liability. In: Basedow J, Hopt KJ, Zimmerman R, Stier A (eds) Max Planck encyclopedia of European private law. Oxford University Press, OxfordGoogle Scholar