Case law update for civil actions concerning acts of terrorism
In four rulings, the Criminal Division has clarified its case law on civil actions relating to terrorism.
Cass. crim., 15 February 2022, 4 rulings, no. 21-80.264 // no. 21-80.265 // no. 21-80.670 // no. 19-82.651
These rulings make it possible to determine that the injuries suffered by people who have taken action “to interrupt the commission or prevent the recurrence of serious intentional personal injury offences” or who have been injured “while attempting to flee the scene of a criminal act intended to kill a large number of people indiscriminately, to which, because of their proximity, they could legitimately believe they were exposed” are directly related to the offences.
It is therefore now sufficient that “the circumstances on which [the civil party’s claim] is based enable the judge […] to accept as possible the existence of the alleged loss and the direct link between the loss and the offence”.
It is now also perfectly well established that there is a specific type of loss due to anxiety, which consists of living “in fear of being hit again […] by terrorists or being confronted with them”.
This specific loss of anguish is therefore added to the loss of anguish of imminent death felt during a terrorist attack and completes the necessary care for the victims of these tragedies.
It should therefore be noted that the case law has created a complex system for victims of acts of terrorism, pursuing the opposing aims of providing the best possible and most extensive treatment for anyone affected by the events, while restricting access to public compensation funds to people with malicious intent.
Indeed, it has been seen that the guarantee funds are beginning to show mistrust following the numerous false claims received in the wake of the Nice attacks.
DAMY Law Firm will fight alongside you to ensure that your rights as a victim are recognised.
Do not hesitate to contact us.
