Who should compensate you if you have suffered harm?

Verified 18 May 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

If you have suffered harm caused by an act or negligence, the perpetrator of the act or negligence must compensate you. This is an application of the principle of civil liability. But you must prove that the act or negligence caused your damage and that it was committed by the person you are suing.

Compensation is to compensate you for the damage you have suffered as a result of the damage, by paying you damages.

The damage to be repaired may be material, moral or physical.

Example :

  • Material damage: damage to your car
  • Non-material damage: damage to your reputation by spreading false information
  • Bodily injury: physical injury

You can ask the perpetrator of the act or negligence that caused you harm to compensate you.

You must specify the nature of the damage you have suffered and indicate its assessment.

If the person refuses to compensate you, you can to take legal action to claim compensation.

Warning  

if the value of your damage does not exceed €5,000However, you must first try to find an amicable solution through mediation or conciliation before bringing the matter before the judge.

If the act or neglect that was committed constitutes a infringement, you can to lodge a complaint with the criminal judge and claim compensation at the same time.

There are cases where the law provides that it is the person responsible for the perpetrator who must compensate you.

Damage caused by a minor

If you have suffered damage caused by a minor child, it is his or her parents who must compensate you.

But in order for parents to be responsible for their children, they need to exercise parental authority with respect to the child.

The parents are liable in civil matters for as long as the child is habitually resident in their home, even if he or she was not at their side at the time of the incident.

Example :

Parents will be held civilly liable for misconduct committed by their child in boarding school or summer camp, or even when he is at the home of his grandparents.

If the parents are divorced or live apart, only the parent with whom the child has his or her habitual residence will be liable for the damage caused by the child.

Example :

If the child damages a car while he is at his father's house who has a right of accessHowever, it is his mother, who has the usual custody, who will have to compensate the owner of the car.

Damage caused by employee

If you have suffered damage caused by an employee in the course of his duties and working hours, the employer must compensate you.

Example :

You are the victim of an accident caused by an employee with his company car during his working hours.

Animal damage

If you have suffered damage caused by a pet, the owner of the pet must compensate you.

Example :

A dog bites you in the street.

The owner must compensate you even if the animal escaped or lost its way, and was therefore unsupervised at the time of the incident.

However, you will not be compensated for damage caused by wild animals that live in the wild.

Damage caused by a defective product

If you have suffered bodily harm caused by a defective product, the manufacturer of the product must compensate you. The manufacturer must also compensate you if you have suffered material damage, provided it exceeds the sum of €500.

Example :

An aerosol can caused you intoxication and damaged one of your furniture.

Damage caused by a poorly maintained building

If you have suffered damage caused by the collapse of a building that is underserviced or affected by a construction defect, the owner of the building must compensate you.

Example :

A fire caused by an electrical installation that no longer met current standards.

FYI  

in the case of usufruct, only the naked owner is in principle responsible for the building. But if the state of ruin is the consequence of a lack of maintenance attributable to the usufructuary, the owner can turn against him.

Damage caused by gatherings or gatherings

If you have suffered damages during gatherings or gatherings, the perpetrators of the acts that caused you harm should compensate you.

But if the perpetrators are not identified, the organizers of the protest must compensate you.

When the perpetrators of the criminal acts and the organizers of the protest are not identified, the state will compensate you.

Example :

Acts of vandalism by protesters