Chapter III: Liability of establishments with regard to the property of residents

Health establishments, as well as social or medico-social establishments accommodating the elderly or disabled adults, whether public or private, are automatically liable for the theft, loss or deterioration of objects deposited in the hands of employees appointed for this purpose or a public accountant, by persons admitted or accommodated there. The State is liable under the same conditions for the theft, loss or deterioration of objects deposited by persons admitted…

The amount of damages due to a depositor pursuant to article L. 1113-1 is limited to the equivalent of twice the amount of the ceiling on monthly remuneration and earnings used to calculate social security contributions under the general scheme. However, this limitation does not apply when the theft, loss or deterioration of the objects is the result of a fault on the part of the establishment or the persons…

The liability provided for in article L. 1113-1 extends without limitation to objects of any kind held, at the time of their admission to the institution, by persons who are unable to express their wishes or who need to receive emergency care and who, as a result, are unable to carry out the formalities for deposit under the conditions provided for in article L. 1113-1. In this case, these formalities…

The establishments mentioned in article L. 1113-1 or the State shall only be liable for the theft, loss or deterioration of objects not deposited under the conditions provided for in article L. 1113-1 or not removed under those provided for in the second paragraph of article L. 1113-3, when their holders were in a position to do so, if fault is established against the establishments or against the persons for…

The establishments mentioned in article L. 1113-1 or the State are not liable when the loss or deterioration results from the nature or a defect of the item. The same applies when the damage was made necessary for the performance of a medical or care procedure.

Objects abandoned on the departure or death of their owners in one of the establishments mentioned in article L. 1113-1 are deposited in the hands of agents appointed for this purpose or a public accountant by the staff of the establishment. The liability regime set out in articles L. 1113-1 and L. 1113-2 then applies.

Subject to the provisions of article L. 6145-12, unclaimed items are handed over, one year after the departure or death of their holder, to the Caisse des dépôts et consignations in the case of sums of money, securities and transferable securities or, in the case of other movable property, to the administration in charge of the estates for the purpose of being put up for sale. The administration in charge…

The provisions of article L. 1113-7 are brought to the attention of the person admitted or accommodated or their legal representative in the case of a minor, at the latest on the day of their discharge from the establishment or, in the event of death, to the attention of their heirs, if known, at least six months before the items held by the establishment are handed over to the administration…

Any clause contrary to the provisions of this chapter shall be deemed unwritten.

The procedures for implementing this chapter are determined by decree in the Conseil d’Etat, and in particular : 1° The conditions under which the institution’s agents or the public accountants authorised to receive objects on deposit are designated, depending on their nature; 2° The terms and conditions under which deposits must be made with officials appointed for this purpose or with a public accountant, particularly when these deposits relate to…