Civil liability is defined as a source of legal obligation. It arises from the transgression of a duty or obligation towards others and their property. This article will present the types of civil liability, the conditions for being considered liable, how to free oneself from civil liability and the particular case of the liability of the owner or custodian of an animal.

Two types of civil liability: contractual liability and extra-contractual liability

Contractual liability arises when a person neglects or refuses to fulfill his or her obligations under a contract, thereby causing injury to the other party.

Every person has a duty to honour the commitments he has made.

Where he fails in this duty, he is liable for the bodily, moral or material injury he causes to his co-contractor and is required to make reparation for that injury; neither he nor the co-contractor may then avoid the application of the rules of the contractual liability regime in favour of rules which would be more beneficial to them.

Article 1458, Civil Code of Quebec

Extra-contractual liability applies where an individual fails to act in a prudent and diligent manner and causes damage to another person or to his or her property. It also covers cases where a person or property in your custody causes damage by his or her act or fault.

Every person has a duty to respect the rules of conduct which, according to circumstances, usage or law, are imposed on him, so as not to cause injury to others.

Article 1457, Civil Code of Quebec

When a person is endowed with reason and fails in this duty, he is liable for the injury he causes to others by this fault and is required to compensate for this injury, whether it is physical, moral or material.

He is also liable, in certain cases, to make reparation for injury caused to another person by the act or default of another person or by the act of property in his custody.

Being held liable for one’s actions

In matters of extra-contractual liability, it is important to note that in order to be held civilly liable for damages caused to others, certain conditions must be established:

• The person must be capable of reason
• The person must have committed a fault
• A prejudice must have been caused
• And there must be a causal link between the fault and the prejudice

Here are some examples:

(1) As the guardian of a minor child, if the child injures another child while they are playing at the park, the child being in your custody, you could be jointly liable with the parents for the minor’s harmful acts.

(2) You are riding your bicycle on the bike path, you lose control and hit a pedestrian causing injury, you may be held responsible.

(3) Bricks from your building break off the wall, fall on your neighbor’s car and damage it, you are liable for the damage caused by your building.

(4) During an ice storm, city employees failed to spread salt on a sidewalk, you slipped and suffered a concussion, the city will probably be responsible to compensate you.

How to avoid liability

In certain circumstances, the person being sued can be released from his or her liability, or have it reduced, if he or she succeeds in satisfying the conditions applicable to his or her situation, as set out in the Civil Code of Quebec, or if he or she proves that the injury resulted either from the fault of the victim, a third party, or from an event of force majeure.

Force majeure is an unforeseeable, irresistible event outside the fault of the person at fault. An event is unforeseeable when it was impossible to see it coming, irresistible when nothing can be done to prevent it, external to the person at fault when the event was out of his control and it was not him who caused it.

Let’s look at our 4 examples again:

(1) Article 1460 of the Civil Code of Quebec specifically provides that if the person was acting gratuitously or for reward, he or she will be held liable only if he or she was at fault. If the person was not watching the child in her custody, but was glued to her cell phone, this is a fault. You must prove that you adequately supervised the child.

(2) You lost control while avoiding a person on in-line skates who stepped onto the track without looking, it is therefore the fault of a third party.

(3) The bricks fell due to a tornado, therefore a force majeure.

(4) You noticed the icy sidewalk, you could have taken a longer detour to avoid it, you were not wearing proper shoes but decided to take it anyway. The city will not be liable even if it failed to put the salt on.

The particular case of the liability of the owner or guardian of an animal

Recently the Civil Code of Quebec was amended to introduce article 898.1 which provides that “Animals are not property. They are sentient beings and have biological imperatives.”. However, “In addition to the provisions of the specific laws that protect them, the provisions of this code and any other law relating to property are nevertheless applicable to them.”

Thus, the provisions of extra-contractual liability for property remains applicable to animals, whether it is a dog, a cat, a horse, a bird, etc. Therefore, as the owner or guardian of an animal, if it causes harm to someone, you will be liable.

For example, if a horse boarded in a stable escapes from its pen and wrecks the neighbor’s garden, both the owner of the stable and you, sitting in your living room, are liable to the neighbor for the damage caused by your horse. The court will determine the division of responsibility between you and the stable owner.

The same thing happens if your dog bites a person or if a passerby hurts himself by running into your cat.

Do not hesitate to contact our team to discuss your options in the context of a civil liability claim, we will be pleased to advise you.