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European Tort Law$
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Cees van Dam

Print publication date: 2007

Print ISBN-13: 9780199227679

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199227679.001.0001

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Liability for Immovable Objects

Liability for Immovable Objects

Chapter:
(p.408) 15 Liability for Immovable Objects
Source:
European Tort Law
Author(s):

Cees van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199227679.003.0015

This chapter examines liability for damage caused on premises, grounds, and roads. It discusses damage caused by, for example, falling roof-tiles and collapsing buildings, unsafe swimming pools and stadiums, and accidents caused by badly maintained roads. Stricter liability rules in this category apply to collapsing buildings, and in France the general strict liability rule for things also applies to immovable objects. In other circumstances liability has to be based on rules of fault liability, for example on safety duties in Germany or on the Occupier's Liability Acts in England. The national rules on negligence and liability for immovable objects in Europe are discussed, paying specific attention to liability of the highway authorities for road accidents in England, France, and Germany.

Keywords:   Europe, liability, immovable objects, collapsing buildings, negligence, strict liability, roads, road accidents

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