French civil claims begin to roll

The first application of the 28 February ruling of the final court of appeal, the Court of Cassation, that an employer was guilty of ‘inexcusable misconduct’ through failure to ensure adequate protection of workers, has confirmed the new use of this doctrine and the likelihood of a significant increase in civil claims. Formerly, ‘inexcusable misconduct’ was applied only to large industrial accidents, asbestos and other workplace health claims falling to the social security system.