The absence of unintentional criminal fault within the meaning of Article 121-3 of the Criminal Code does not prevent an action being brought before the civil courts to obtain compensation for damage on the basis of article 1241 of the Civil Code if the existence of the civil fault provided for by this article is established or pursuant to article L. 452-1 of the Social Security Code if the existence of inexcusable fault as provided for in that article is established.