The Civil Liability of Social Welfare Institutions Providing Care for Elderly Persons

Abstract

In light of the social transformations affecting Moroccan society and the declining role of families in caring for the elderly, social care institutions have emerged as key actors in protecting this vulnerable group. Moroccan legislation establishes the liability of these institutions for harm caused to elderly residents, whether such liability arises from a contractual relationship (in the case of a hosting agreement) or from tortious grounds (in the absence of a contract). In contractual liability, the institution is held to an obligation of result, particularly regarding the resident’s safety, nutrition, hygiene, and health; professional fault is presumed where these duties are breached. In tort liability, fault, damage, and causal link must be established, and the conduct of the institution or its staff is assessed against professional standards. Legal defenses—such as force majeure, the fault of the victim, or third-party intervention—may exonerate the institution; however, given the elderly person’s status as a vulnerable party, judges tend to interpret such defenses restrictively, ensuring stronger protection for the physical and moral integrity of the elderly.