Threat to health, safety, and calmness – harm resulted from a blacksmith’s shop in a residential neighborhood – allowing it to happen – error in management – liability of municipalities

Pursuant to Article 79 of the code of obligations and contracts, the commune council’s liability of harm resulted directly from its management is established when the trial court found out an error in management of not preventing the blacksmith shop in a residential neighborhood even though it threats health, and safety of the neighboring residents. Besides commune council did not foreclose the said shop pursuant to the decree of 26/05/1980 regarding health, safety and security, and the provisions of Article 50 of the communal charter of administrative police. This latter is required to take all measures regarding the cleanliness of households and streets, and the control of unprofessional and unorganized activities that can be a threat to health, cleanliness, traffic safety and public peacefulness.

Request rejected