Liability for damage and compensation for damage

Generally speaking, the adoption of the new Civil Code (Act No. 89/2012 Sb.) has strengthened the rights of the injured party and expanded the cases in which injured parties are entitled to compensation.

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The Civil Code establishes the obligation to compensate for damage in these three cases:

  • Breach of a statutory obligation
  • Breach of contractual liability
  • Breach of good manners

The prerequisites for the obligation to provide compensation vary in the above cases. In the case of a breach of a statutory obligation, the wrongdoer is generally liable if he actually caused the damage. On the other hand, contractual liability tends to be broader and may be independent of fault.

Damage is compensated primarily by restoring things to their previous state. However, the injured party may also claim pecuniary damages. The amount of damage to an item is determined on the basis of its usual price at the time of the damage.

If the damage was caused arbitrarily or maliciously, the injured party is entitled to a “price of affection”, which takes into account the injured party’s personal relationship with the item.

Damage means actual damage, as well as lost profits, i.e. the amount that the injured party has lost and would have otherwise received if the damage has not been caused.

There are many situations in life where damage can occur. The most common include:

  • Compensation for damage to property
  • Compensation for damage to health
  • Compensation for damage in connection with a breach of contract
  • Compensation for damage in employment
  • Compensation for damage in sports
  • Compensation for damage caused in the exercise of public authority by a decision or an incorrect official procedure

We are ready to help you with your compensation claims.

The issue of liability and compensation for damage is also related to unjust enrichment. In general, liability for damage takes precedence over unjust enrichment.

What issues do we typically handle for clients in relation to liability for damage and compensation for damage?

  • Could I be entitled to compensation? In what amount?
  • Damage caused by accountants and tax advisers
  • Advice when damage is caused
  • Settlement of injury claims
  • Assistance in recovering money from the insurance company
  • Assistance in claim settlement
  • Assistance in claiming compensation for crime victims
  • Permanent consequences of an accident – entitlement to compensation
  • Damage caused by an accident at work
  • How to prepare documents for asserting a claim for compensation with the injured party and then in court?
  • Damage caused by a defective product
  • Damage caused by a service operator due to insufficient security measures
  • How to enforce a claim for damages awarded in civil/criminal/execution proceedings?
  • Is the claim for damages justified?
  • How to proceed when negotiating with the injured party about the possibility of an out-of-court settlement?
  • Legal representation if the claim for compensation is pursued in court
  • Communication with insurance companies in cases where the loss event is covered by an insurance policy