Article 696. The risk of accidental death or accidental damage to a thing.
The borrower bears the risk of accidental death or accidental damage of the item received for free use if the thing died or was damaged due to the fact that he did not use it in accordance with the contract of gratuitous use or assignment of the thing or transferred it to a third party without the lender’s consent. The borrower also bears the risk of accidental death or accidental damage to the thing, if, taking into account the actual circumstances, it could prevent its death or damage by sacrificing his thing, but chose to keep his thing.
References to other articles of chapter 36. Free use: