Legal Definitions - garde

Definition: Garde (gahrd) is a legal term in French civil law. It refers to a relationship that creates liability for a person when an injury is caused by a thing, whether it is animate or inanimate. The law considers that thing to be the responsibility of that person or in their custody.

• If a person owns a dog and that dog bites someone, the owner may be held liable for the injury caused by the dog. This is because the dog is considered to be in the owner's garde.
• If a company owns a piece of machinery that malfunctions and causes an injury to an employee, the company may be held liable for the injury. This is because the machinery is considered to be in the company's garde.

These examples illustrate the concept of garde. In both cases, the person or company is responsible for the thing that caused the injury. The law considers that they have custody or control over the thing, and therefore they have a duty to ensure that it does not cause harm to others.