French Public Health Code
In forceThe promoter is responsible for compensating for the harmful consequences of the performance study for the person taking part in it and their dependants, unless it can prove that the damage is not attributable to its fault or to the fault of any other party involved, without it being possible to invoke the action of a third party or the voluntary withdrawal of the person who had initially agreed to take part in the performance study.
If the promoter is not liable, the victims may be compensated under the conditions set out in article L. 1142-3. 1142-3.
All performance studies, with the exception of those which do not involve any risk or constraint and in which all procedures are carried out and products are used on a routine basis, require the promoter 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 promoter. 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 a performance survey, with the exception of those which do not involve any risk or constraint and in which all procedures are carried out and products are used on a regular basis, provided that the first claim is made to the insured or its insurer between the start of the performance survey and the expiry of a period of at least ten years from the end of the survey. If the person who took part in the performance study is under eighteen years of age at the time the study is completed, this minimum period runs from the date of his eighteenth birthday.
For the application of this article, the State, when acting as promoter, 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.
