Lawyer Liability Law Antwerp
Have you been harmed or caused harm to another person? If so, liability law is applicable. Law firm Peterfreund & Associates is on your side to recover your incurred damages.
Even if you are found liable, we will use all our expertise to vigorously assist you.
The 3 basic concepts of liability law
Within liability law, the following 3 elements are indispensable for making a judgment: damages, fault and causation.
Damage
There must be demonstrable damage.
These can include personal injury, property damage and moral damage. In liability law, damages are always measured by comparing the situation after the damage with the hypothetical situation if no damage had occurred.
Error
The other party must have committed a fault. Liability law considers different types of fault: failure to comply with laws and regulations, breach of contract and breaches of the general standard of care. The latter, in short, involves determining whether one acted prudently, reasonably and socially correct.
Causal relationship
Finally, it must be proven that the injury sustained did in fact result from the fault committed. In other words, there must be a causal connection between the damage and the fault. In this way, it can be concluded that one party has suffered damage due to the fault of the other. Consequently, the latter is held liable.
Liability: some simple examples
Numerous scenarios trigger liability law. In each case, damages, fault and causation are critical.
- A person suffered a back injury in a traffic accident (injury). The other party drove through a red light (fault). Because traffic rules were not respected, the physical injury occurred (causation).
- The interior walls of a newly built house show more and more cracks (damage). An expert determines that wrong materials were used during the construction process (fault). Had the contractor done a correct job, there would be no cracks at all (causation).
- A company’s production is delayed, so fewer customers can be served (damage). The company’s supplier delivered the wrong parts (error). If the supplier had delivered the right materials, production would have gone smoothly (causation).
- A garden house was razed to the ground (damage). A neighbor’s tree fell on it because they neglected their garden (fault). There was no storm at all. The mere fact that the neighbors did not take care of their garden led to the destruction of the gazebo (causation).
Looking for a specialist in liability law?
Do you have questions about damages incurred and would like to obtain compensation? Have you received a claim for damages and would like to obtain assistance? In both cases you can rely on the liability law expertise of our law firm in Antwerp.