Compensation for damages

The obligation to provide compensation is borne by the party causing the damage (party responsible), to compensate the injured party, specifically in the value of the damage caused to the injured party.

It is categorised as follows:

  • BUSINESS LIABILITY FOR DAMAGE – the injured party and the party responsible are in a contractual relationship and the damage occurs due to a breach of the contractual obligation.
  • NON-BUSINESS LIABILITY FOR DAMAGES – the injured party and the party responsible are not in any legal relationship, and the damage is caused by inadmissible conduct of the party responsible.

Preconditions for liability for damages are as follows:

  • DAMAGE – a deprivation caused by an infringement of rights or legally recognised interests of another party. We distinguish property and non-property damage. Property damage can be a decrease of property or lost profits, while non-property damage can be physical harm, emotional distress, fear, damage to reputation of a legal entity and the like.
  • UNLAWFULNESS – the damage must be caused by the unlawful conduct of the party responsible.
  • CAUSAL RELATIONSHIP – there must be a direct causal link between the conduct of the person responsible and the damage caused.
  • WRONGFUL CONDUCT – the party responsible must act intentionally or negligently; strict liability is also recognised in exceptional cases.

However:

  • It is necessary to claim compensation for damage caused within 3 years from the time when the injured party learned of the damage and for the person responsible.
  • In any case, compensation must be claimed within 5 years of the occurrence of damage.
  • Compensation for damage caused by a breach of a contractual obligation must be claimed within the limitation period for said obligation.
  • In exceptional cases, compensation for damage caused by an act of sexual abuse of a minor may be claimed within fifteen years after the age of majority of the injured party.

COMMON EXAMPLES:

 
 
 
 

Being involved in a traffic accident can have many negative consequences. Drivers of passenger cars, motorcyclists, passengers, cyclists or pedestrians often experience various forms of injury after an accident, which are accompanied by emotional distress and fear. In addition to non-property damage, an accident can also result in a loss of income or loss of profit. Upon submission of medical documentation, the injured party is entitled to fair monetary compensation. The injured party is entitled to compensation even if the party responsible is unknown, did not have a driver's license or vehicle registration, or was a minor. The purpose of compensation is to restore the state before the damage event. In the event of non-property damage, restoring the previous state is impossible; monetary compensation gives the injured party minimal satisfaction and helps them to continue their life.

 
 
 

The death of a close relative causes severe emotional distress. As close family members, the spouse, children and parents are absolutely entitled to fair monetary compensation if their close relative died in a traffic accident, a work accident or an accident in a public or private area. In the case of a more permanent cohabitation, fair monetary compensation may also belong to siblings. Close relatives are also entitled to compensation in the event of a severe disability caused by an accident. In the case of fair monetary compensation for the death or severe disability of a close relative, restoring the previous state is impossible, and compensation gives close relatives at least some satisfaction for the emotional distress suffered.

 
 
 

Unfortunately, work-related injuries accompany every work process. Injuries can occur during work, commuting to or from work, on a business trip. The employer is liable if it has not implemented safety measures or has not taken sufficient care to ensure adequate safety at work. If the accident occurred while operating dangerous objects, such as dangerous machines, tools and chemicals, or when performing high-risk activities, such as working at height, construction and chemical activities, the employer is strictly liable, i.e. even if there was no wrongdoing. The employee is entitled to fair monetary compensation if a report was made regarding the damage event or if the employer reported the work accident using the ER8 form, if a police report or a report of the occupational safety inspector was made. The amount of fair monetary compensation depends on the severity of the injury. The injured party may suffer non-property and property damage that are independent of each other.

 
 
 

Accidents in public or private areas most often occur because people who use them trust that they are orderly and safe. A guest at a public event trusts that the organiser has ensured the safety of guests. A pedestrian trusts that the competent municipal service regularly maintains pavements and roads. Bathers at a public pool trust that the edges of the pools are adequately protected and that employees make sure that slippery floors are dried and that appropriate warning signs are placed where needed. Skiers trust that the ski resort is safe and that appropriate warning signs are placed on dangerous sections. An accident can also happen when visiting a friend because they did not ensure the safety of their guests, or when visiting a restaurant, shop or nightclub. Upon submission of medical documentation, witness statements or photographs, the injured party is entitled to fair monetary compensation due to the damage event.