Liability law

 

What does 'liability' mean? Linguists tell us that the term 'liability' is derived from 'being able to be called upon,' while 'responsibility' is derived from 'accounting for' or 'answering.' Liability means that one can be called upon – due to a legal cause – to perform a certain action towards another person.

Liability law concerns the compensation of a person because another person has committed a fault (for example, ignoring a red light, or not delivering a product on time) that is causally related to the damage. A distinction is made between contractual and extra-contractual liability.

Compensation consists of all means of repair and compensation aimed at placing the injured party in the situation they would have remained in or reached if the fault had not occurred.

To obtain compensation, three elements are required: fault, damage, and causation.

Damage can be defined here as the negative outcome of a comparison between two states: the current state of the injured party as caused by the fault of the damage causer and the hypothetical state in which they would have remained or arrived, had this fault not occurred.

Contractual liability results from a breach of a contractual rule. It stems from not respecting or insufficiently respecting contractual obligations. The committed act or negligence must be assessed in relation to the execution of the contract. Within the framework of the contract, this act or negligence is committed. Thereby, the law is implemented, albeit in a faulty way, but one remains within the execution of the contract, within the execution of the law. A distinction is made between an obligation of result and an obligation of means. In the case of breaching an obligation of result, the mere proof of non-compliance carries a presumption of fault. In the case of an obligation of means, the breach of the diligence norm must be demonstrated.

One speaks of extra-contractual liability when someone breaches the general duty of care (Article 1382-83 of the old Civil Code). The general standard of care is breached when the damage causer has not acted as a bonus pater familias or has not done what a normally careful and diligent person would be expected to do.

Although there is a convergence between contractual and extra-contractual liability, significant differences remain, particularly in terms of the concept of fault, the burden of proof, competence, joint liability, the amount of compensation, international private law, etc.

The law firm Samir Baki can assist you when you are faced with a liability claim or when you have suffered damage due to the fault of another.

You can come to us for the following services, among others:

• Advice or assistance in the context of a liability claim
• Acting as plaintiff or defendant in court
• Instituting or defending against a liability claim in a traffic accident
• Advice and assistance in liability for the acts of others, such as parents, teachers, and appointees
• Advice and assistance in liability for things, such as defective items, buildings, animals, and product liability law
• Advice and assistance when the contractual partner has committed a fault causing damage
• Advice and assistance in government liability
• Advice and assistance in contesting liability
• Requesting judicial expertise
• Assessing the damage
• Filing a claim with the commission for financial assistance to victims of intentional acts of violence and to the occasional rescuers