Legal Definitions - garde

In civil law, garde refers to the legal responsibility a person or entity has for a "thing" – which can be either a living being (animate) or an object (inanimate) – that is under their care, control, or ownership. This responsibility means that if the thing causes injury or damage to another party, the person or entity with garde may be held legally liable for the harm caused.

Here are some examples illustrating the concept of garde:

• Example 1: A Pet Owner's Dog

  Imagine a person owns a dog that, despite being usually friendly, unexpectedly bites a visitor to their home. In this scenario, the dog is the "animate thing" for which the owner has garde. Because the dog caused an injury while under the owner's responsibility and control, the owner could be held liable for the visitor's medical expenses and other damages, even if they didn't intend for the dog to bite.

• Example 2: A Building Owner's Property

  Consider a commercial building owner who has a large, decorative planter box on their sidewalk. Due to poor maintenance, the planter box becomes unstable and topples over, injuring a pedestrian walking by. Here, the planter box is an "inanimate thing" under the building owner's garde. The owner's legal responsibility for maintaining their property means they could be held liable for the pedestrian's injuries because the unstable object under their care caused harm.

• Example 3: A Contractor's Equipment

  A construction company leaves a large, unattended crane parked on a sloped construction site overnight without proper chocks or brakes engaged. During the night, the crane rolls down the slope and crashes into a neighboring property, causing significant structural damage. The crane is the "inanimate thing" under the construction company's garde. The company's failure to secure the equipment, which was under their custody and control, makes them potentially liable for the damage caused to the adjacent property.