The sponsor is responsible for compensation for the harmful consequences of research involving the human person for the person who undergoes the research and for those of his successors in title, unless he can prove that the damage is not attributable to his fault or to that of any other party involved, without the possibility of invoking the action of a third party or the voluntary withdrawal of the person who initially agreed to undergo the research.
Where the sponsor is not liable, victims may be compensated under the conditions set out in Article L. 1142-3.
All research mentioned in 1° or 2° of Article L. 1121-1 requires the sponsor to take out insurance covering its civil liability as set out in this article and that of all participants, regardless of the nature of the relationship between the participants and the sponsor. The provisions of this article are a matter of public policy.
The liability insurance cover referred to in the previous paragraph covers the financial consequences of claims arising from research mentioned in 1° or 2° of article L. 1121-1, provided that the first claim is made to the insured or its insurer between the start of this research and the expiry of a period which may not be less than ten years from the end of this research. If the person who carried out the search is under the age of eighteen at the time the search is completed, this minimum period runs from the date of his or her eighteenth birthday.
For the application of this article, the State, when acting as sponsor, is not obliged to subscribe to the insurance obligation provided for in the third paragraph of this article. It is, however, subject to the obligations incumbent on the insurer.