Claim for damages in the event of damage caused by a thing
Verified 24 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You have been harmed by a thing, one defective product or by the fall of a building? You can go to court to get damages. In order for the liable party to be ordered to pay you compensation, you must determine the damage suffered accurately. The other elements to be provided depend on the cause of your injury. We present you with the information you need to know.
Warning
Specific rules apply if the damage occurred during a traffic accident.
By one thing
You can request damages once you have suffered damage caused by movable property or a immovable property.
Your damage can be compensated whether the property is:
- Dangerous or harmless
- Moving or standing still at the time your injury occurred
- Manipulated, or not, by a person at the time of the act
Example :
When leaving a shop, you hit a concrete block located next to a pedestrian crossing. Because of your injuries, you can claim damages from the company that set up this plot. Even if this type of plot is safe, it is a motionless thing that was not manipulated at the time of the facts, your damage can be compensated.
3 types of damage may give rise to the payment of damages.
Types of harm | Examples |
Bodily injury |
|
Non-material damage |
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Material damage |
|
In principle, the owner of the thing is considered to be his keeper. He is therefore responsible for the damage you have suffered.
Therefore, you can ask him to damages.
However, in some cases, your claim may be for:
- The person to whom custody of the thing is entrusted. For example, in a DIY store, a customer prints a cart. Due to the fall of the cart, another person is injured. In this case, it is possible to claim damages from the customer who was driving the cart when the incident occurred.
- The person who took the item without the owner's consent (for example, if a stolen item causes you harm, you can ask for compensation from the person who stole the item).
To get damages, you must build a folder that contains a quantified claim for compensation and elements to determine that your damage is compensable (e.g. certificates from your relatives, photos, medical certificates, expertise, etc.).
These documents must prove that your harm is:
- Certain. This means that the damage has occurred or that it is established that it will occur
- Personal. In other words, you have to show that you are the victim of the harm
- Legitimate (for example, you can't get damages for lost revenue unlawful).
These elements must also establish that:
- The thing was present at the time of the damage and you came into contact with it (example: in a store, you hit a vase that spills and causes you a foot injury)
- Or whether the thing was in an abnormal position or condition when the incident occurred (for example, an abnormally slippery floor or a planter on a balcony without a guardrail)
Well, he's indispensable to demonstrate that it caused your harm.
FYI
In some cases, there is presumption according to which the thing was the instrument of your prejudice. This is the case when:
- The thing was moving and it hit you physically (example: a golf ball hit by a golfer hits you in the face)
- You hit a glass door
To help you build your case, you can get the help of a lawyer.
Who shall I contact
To get damages, you must assign the keeper of the thing that caused you harm.
Generally speaking, your request must be made within 5 years from the time you suffered damage.
However, if you have personal injury, your legal action must take place within 10 years of consolidation of your damage.
Depending on the amount you claim, the court with jurisdiction to consider your claim for damages is not the same.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Injury of less than EUR 5 000
When the amount of your request is less than €5,000, you must obligatory use a alternative dispute settlement before bringing an action before the competent court.
If you have not reached an amicable settlement through an alternative dispute resolution process, you must submit your claim to the community court :
- Of the place of residence of the keeper of the thing
- Or the place where the events occurred and/or caused you damage
Warning
If you have had personal injury, the local court does not have jurisdiction to consider your application. In that case, you must enter the court of law.
In front of the local court, you can be assisted by a lawyer.
Who shall I contact
Injury of more than EUR 5 000
To obtain damages, you must enter the court of law :
- Of the place where the keeper of the thing
- Or the place where the events occurred and/or caused you damage
Who shall I contact
The amount of the compensation is evaluated at the date of the judgment that grants you damages
If the court convicts the keeper from the point of payment of damages, compensation must fully compensate you for your damage.
That means you're back in the position you would have been in had the harm not occurred.
However, the judge cannot award you more compensation than the amounts you have indicated in your claim for damages (subpoena).
Please note
You can freely use the money you have collected.
Once the decision has been made, the person responsible for the damage owes you a claim. So it becomes your debtor.
He can pay you the money owed spontaneously or at your request. In this case, it is not not necessary that the decision either notified to the debtor.
If the debtor does not execute the judgment, you can appeal to a Commissioner of Justice for him to proceed to enforcement of this decision.
Who shall I contact
Please note
If you're represented by lawyers, they can act as intermediaries.
If the keeper from the thing to a liability insuranceHowever, the insurer can take over and compensate you.
The guard must make a claim to inform your insurer:
- Circumstances in which the events occurred
- The nature of the damage suffered (personal, material and/or non-material)
- The assessment of the amount of your damage.
If the insurer considers that the conditions for compensation are met, it verifies the assessment of your damage, by having expertise.
If you disagree with the results of the insurer's expertise, you can request a new one. In this case, the expertise costs are at your expense.
FYI
For the personal injury, the assessments are carried out by medical advisors.
At the time of payment, the insurer may apply deductibles and guarantee ceilings if the insurance contract so provides.
This may result in reducing the amount of your compensation.
If you are not satisfied with the amount of damages offered by the insurer, you can try to reach an amicable agreement.
If you do not agree with the insurer, you can enter the civil courts to make a claim for compensation.
By a defective product
You can ask for damages when a movable property caused you harm because he was defective (example: you are injured because your chair has broken due to a design defect).
FYI
Your claim for compensation is admissible even if you have a contract relating to a defective product.
2 types of damage may give rise to the payment of damages.
Types of harm | Examples |
Bodily injury |
|
Material damage of an amount greater than €500 |
|
FYI
You may be materially harmed by a defective product or property affected by a hidden defect.
In order to claim damages based on the defect of a product, it is essential that your damage results from a breach to property other than the defective product itself (example: due to a manufacturing defect, your coffee maker leaks so that the worktop on which it is placed is permanently stained).
In principle, the producer of the defective good is considered to be responsible for the harm you suffer.
Thus, it is to him that you can ask damages.
The producer may be:
- The person who made the product
- And/or the person who has affixed his family name or trade mark to the product
- And/or the person who has imported the product for the purpose of selling or leasing it.
If you do not know the identity of the producer of the defective property, your claim may be against the person who sold or rented the product to you.
If within 3 months of your requestande, the seller or lessor has not given you the identity of the producer or his supplierHe'll have to compensate you.
Please note
In some cases, compensation may be paid by the insurer of the producer of the defective good.
To get damages, you must build a folder that contains a quantified claim for compensation and elements to determine that your damage is compensable (e.g. certificates from your relatives, photos, medical certificates, expertise, etc.).
These documents must prove that your harm is:
- Certain. This means that the damage has occurred or that it is established that it will occur
- Personal. In other words, you have to show that you are the victim of the harm
- Legitimate (for example, you can't get damages for lost revenue unlawful).
Such supporting documents shall also establish that:
- The product has a defect that may affect safety (e.g. a new toy with parts coming off)
- The product is put into circulation
- Your damage is due to the product defect
Example :
You buy a smartphone that has just been marketed. After a few days, this device overheats to such an extent that it causes you burns. In this case, you must bring all the evidence to prove that the defect of the phone caused your damage. It can be an invoice, a medical certificate, videos, etc.
To help you prepare your claim, you can ask for the assistance of a lawyer.
Who shall I contact
To get damages, you must assign the producer of the defective good causing your harm.
The claim for damages must be made within a period of 10 years from putting into circulation product.
If within that 10-year period you suffer harm, you have a period of 3 years from the knowledge of the defect and the identity of the producer to make your request.
Depending on the amount you claim, the court with jurisdiction to consider your claim for damages is not the same.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Injury of less than EUR 5 000
When the amount of your request is less than €5,000, you must obligatory use a alternative dispute settlement before bringing an action before the competent court.
If you have not reached an amicable settlement through an alternative dispute resolution process, you must submit your claim to the community court :
- The place of residence of the producer of the defective good
- Or the place where the events occurred and/or caused you damage
Warning
If you have had personal injury, the local court does not have jurisdiction to consider your application. You must so seize the court of law.
In front of the local court, you can be assisted by a lawyer.
Who shall I contact
Injury of more than EUR 5 000
To obtain damages, you must enter the court of law :
- The place of residence of the producer of the defective good
- Or the place where the events occurred and/or caused you damage
Who shall I contact
The amount of the compensation is evaluated at the date of the judgment that grants you damages.
If the court convicts the producer of the defective good in order to pay you damages, the compensation must compensate you in full for your damage.
That means you're back in the position you would have been in had the harm not occurred.
However, the judge cannot award you more compensation than the amounts you have indicated in your claim for damages.
Please note
If you have entered into a contract for the defective product, your compensation cannot be reduced or eliminated by any of its clauses. Your loss is always fully compensated.
You can freely use the money you have collected.
Once the decision has been made, the person responsible for the damage owes you a claim. So it becomes your debtor.
He can pay you the money owed spontaneously or at your request. In this case, it is not not necessary that the decision either notified to the debtor.
If the debtor does not execute the judgment, you can appeal to a Commissioner of Justice for him to proceed to enforcement of this decision.
Who shall I contact
Please note
If you're represented by lawyers, they can act as intermediaries.
By a ruined building
If the fall or collapse of a building (e.g. a dwelling) or of a piece of movable property incorporated in it (e.g. a parquet floor or a gate) causes you harm, you can apply for damages.
3 types of damage may give rise to the payment of damages.
Types of harm | Examples |
Bodily injury |
|
Non-material damage |
|
Material damage |
|
The owner of the crumbling building is considered to be responsible for the damage you suffered. He may therefore be ordered to pay you damages.
If the building is subject to a divisionHowever, all owners are liable and may be ordered to compensate you.
In case of bare-ownership, your claim should only be against the naked owner even if the lack of maintenance is due to usufructuary.
To get damages, you must build a folder that contains a quantified claim for compensation and evidence that your damage is compensable (e.g. photos, videos, expertise, medical certificates, etc.).
You must demonstrate that the fall or collapse caused you harm:
- Certain. This means that the damage has occurred or that it is established that it will occur
- Personal. In other words, you have to show that you are the victim of the harm
- Legitimate (for example, you can't get damages for lost revenue unlawful).
These documents must also prove that your damage is due to:
- One defect in construction of building
- Or a lack of maintenance of the building
It is not necessary to prove the fault of the owner of the building.
To get damages, you must assign the owner of the ruined building.
Generally speaking, your request must be made within 5 years from the day of the collapse or fall of the property.
However, if you have personal injury, your legal action must take place within 10 years of consolidation of your damage.
Depending on the amount you claim, the court with jurisdiction to consider your claim for damages is not the same.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Injury of less than EUR 5 000
When the amount of your request is less than €5,000, you must obligatory use a alternative dispute settlement before bringing an action before the competent court.
If you have not reached an amicable settlement through an alternative dispute resolution process, you must submit your claim to the community court :
- From the owner's residence
- Or the place where the events occurred and/or caused you damage
Warning
If you have had personal injury, the local court does not have jurisdiction to consider your claim for compensation.
In that case you must enter the court of law.
In front of the local court, you can be assisted by a lawyer.
Who shall I contact
Injury of more than EUR 5 000
To obtain damages, you must enter the court of law :
- From the owner's residence
- Or the place where the events occurred and/or caused you damage
Who shall I contact
The amount of the compensation is evaluated at the date of the judgment that grants you damages
If the court orders the owner of the building to pay damages, the compensation must compensate you in full.
That means you're back in the position you would have been in had the harm not occurred.
However, the judge cannot award you more compensation than the amounts you have indicated in your claim for damages.
Please note
You can freely use the money you have received.
Once the decision has been made, the person responsible for the damage owes you a claim. So it becomes your debtor.
He can pay you the money owed spontaneously or at your request. In this case, it is not not necessary that the decision either notified to the debtor.
If the debtor does not execute the judgment, you can appeal to a Commissioner of Justice for him to proceed to enforcement of this decision.
Who shall I contact
Please note
If you're represented by lawyers, they can act as intermediaries.
If the owner of the crumbling building has a liability insuranceHowever, the insurer can take over and compensate you.
Owner must make a claim to inform your insurer:
- Circumstances in which the events occurred
- The nature of the damage suffered
- The assessment of the amount of your damage.
If the insurer considers that the conditions for compensation are met, it verifies the assessment of your damage, by having expertise.
If you disagree with the results of the insurer's expertise, you can request a new one. In this case, the expertise costs are at your expense.
FYI
For the personal injury, the assessments are carried out by medical advisors.
At the time of payment, the insurer may apply deductibles and guarantee ceilings if the insurance contract so provides.
This may result in reducing the amount of your compensation.
If you are not satisfied with the amount of damages offered by the insurer, you can try to reach an amicable agreement.
If you do not agree with the insurer, you can enter the civil courts to make a claim for compensation.
Who can help me?
Find who can answer your questions in your region
To know your rights as a victim of harm
Victims BureauTo get help in your legal proceedings
LawyerTo find out how to recover unpaid amounts
Commissioner of Justice (former bailiff and judicial auctioneer)
Responsibility for things
Liability for crumbling buildings
Liability for defective products
Material damage in case of liability for defective products