In a ruling handed down on June 19, the French Supreme Court (Cour de Cassation) reaffirmed the importance of the seller's obligation to ensure the safety of the goods sold, by insisting that he take into account the conditions under which the goods are transported. In concrete terms, this means that the seller must not only provide precise information on the product's characteristics, but also advise his customer on the best loading and transport practices, taking into account possible risks. This ruling reminds sellers of their responsibility to ensure the safety of the product right up to final delivery.
An obligation to provide information and advice
In this case, private individuals had ordered wooden planks from a specialist company. The company had helped them load the items onto their vehicle's trailer. After leaving the company's premises, the purchasers collided with another vehicle on a downhill slope, causing the death of both drivers.
Their relatives sued the vendor company for liability and compensation, claiming that it had breached its safety, information and warning obligations.
On appeal, the court upheld the claim made by each of the plaintiffs, ruling that the seller had not properly informed the purchasers of the total weight of the boards. It therefore recognized that the company had failed to respect the obligation to provide information and advice inherent in the sales contract concluded. Following this announcement, the company appealed to the French Supreme Court, claiming that this reasoning lacked a legal basis.
An obligation extended to loading the product sold
In this case, the seller objected to the verdict handed down by the Court of Appeal. It argued that "the sale involves the transfer of the item purchased from the seller by the buyer" and that "the seller's obligation does not extend to loading the product sold, which is carried out under the buyer's responsibility". The company also pointed out that no service contract had been concluded with the purchasers to carry out this loading.
In its decision of June 19, 2024, the French Supreme Court ruled that the buyer, a simple consumer, had not been informed of the total weight of the boards transported. This information had not been communicated by the agent, who was unaware of it, nor mentioned in the invoices. In view of these factors, the French Supreme Court concluded that the seller had breached its obligation to provide information and advice under the sales contract.
The Cour de cassation upheld the appeal court's ruling, and included the loading of the product in the seller's safety obligation, provided that this involved "foreseeable" transport conditions for a private individual. The car accident suffered by the purchasers was exclusively due to the overloading of the trailer. Consequently, the company is entirely responsible.
After rejecting the appeal lodged by the seller, the Cour de cassation ordered it to pay the victims' relatives, via its business account, the total sum of 3,000 euros, in accordance witharticle 700 of the French Code of Civil Procedure.