Liability law

What is meant by liability law?

1.The current definition of liability implies that any person who, by his act, causes damage to another person, is obliged to compensate for this damage, provided there is a causal link between the aforementioned error and damage.

Liability law is thus pragmatically formulated as a set of legal rules that aim to classify a specific wrongful conduct and to attribute it to a specific person, whereby the latter person is thus obliged to compensate or compensate the negative consequences of his actions for third parties.

Very simply put, liability law determines:

• who is obliged to pay the compensation?
• which victims can claim compensation?
• what is the amount of the compensation?

2. Which legal bases and techniques are applied?

The basic rules of extracontractual liability can be found in the articles 1382 and further of the Belgian Civil Code.

"Art. 1382. Any act of a person which causes damage to another obliges the person through whose fault the damage has arisen to compensate it.

Art. 1383. Everyone is liable not only for damage caused by his act, but also for damage caused by his negligence or carelessness .”

3. Over the years, however, Belgian liability law has become an ever-growing legislation, a complex matter that has numerous grounds for liability and techniques, whereby not only the actual perpetrator of the error, but also numerous other authorities and persons, in addition or subsidiary, may be obliged to recompensate the damage.

For example, employers, craftsman, teachers, owners of defective goods and buildings are respectively obliged to compensate damage caused by their employees, appointees, students, defective goods and buildings.

4. Belgian liability law also has extensive application of the technique of damage distribution systems, namely distributing the financial consequences of the obligation to pay compensation among a large number of people.

For example, the application of insurance under civil liability is a frequently occurring fact, which in certain cases was even made legally compulsory by the government.

For example, there are civil liability insurance for vehicles, fire to buildings, legal assistance, family insurance, travel insurance, other non-life insurance, ...

Many victims are often unaware that in many cases they have a direct claim against the existing insurer of the liable party or other action options.

5. The government has also built up an additional network of compensation systems and coverages over the years.

For example, there are various funds that pay compensation to needy victims in certain emergency situations.

For example, there is the Fund to help victims of acts of violence and the Common Motor Guarantee Fund, etc.

Also, the well-known classic social benefits from the government (sickness benefits, disability) can be applied for as an advance on compensation payments yet to be received, in order to compensate the victim. help to cover the initial financial needs.

6. It is of course very important for the victim to know what his rights are with regard to the person causing the damage, additional liable persons and other authorities. It is therefore certainly worthwhile to submit your file to a legal expert in order to thoroughly check the various options.

In practice it often occurs that not all options are known and that possibilities for recovering damage have not been exploited, with disastrous consequences.

Our office is fully committed to the full litigation of liability law and assists you with a thorough approach and refined advice, in order to map out all options in order to achieve the maximum compensation to which you are entitled.

Common examples of non-contractual liability situations are:

The firm has extensive and many years of experience in the following non-exhaustive listed matters:

• Damage caused by a motor vehicle in traffic.
• Damage caused on the work floor or on the way to and from the work floor, so-called work accident.
• Damage caused by the government, so-called government liability eg. road authority -damage caused by a neighbor, namely nuisance from neighbors.
• Damage occurring during a manifestation or event.
• Damage caused by the operation of a company.
• Damage caused by a doctor or medical personnel, so-called medical liability.
• Damage caused by criminal offenses, eg. violent acts.
• Damage caused by spouse, underage children, pets, so-called family insurance.
• Damage caused by fire, natural disasters, flooding, environmental pollution
• ...

The office deals with the aforementioned types of damage both from the point of view of the victim and the point of view of the liable party.

7. In a very large number of cases, litigation will take place before the Belgian criminal and / or civil courts.

Where possible, an amicable solution or mediation can be used, in order to facilitate a smoother settlement. It is strongly recommended that you also have assistance with these alternative solution methods in order to prevent abuse or underpayment.

What types of damage are eligible for compensation?

8. Any disadvantage that is causally related to the error is in principle eligible for compensation. Liability law only requires that the damage or loss is “certain” and “definite”.

However, the victim must prove every loss with valid supporting documents. These are mainly invoices, receipts, medical certificates, overviews, listings, tax assessment notices, etc.

In order to obtain maximum compensation in this way, it therefore boils down to compiling a very extensive and detailed collection of evidence for the victim that fully substantiates his claims. Often it has to be concluded that victims hit a wall of administration and are unable to collect all necessary attestation.

Although in the classic view the gathering of evidence is part of the client's task, the office guarantees extensive and decisive assistance in this gathering of evidence.

It is impossible to provide a complete, conclusive overview of the various damage items that can be claimed against the liable party.

9. Without wishing to be exhaustive, reference can be made to the following enumerations for current types of claim files.

Collision with vehicle : (vehicle damage bill, VAT paid, towing costs, waiting days, replacement days, registration costs, administration costs, interest on new car loan, replacement car costs, travel costs, etc ...)

Physical damage files : material damage, clothing damage, hospital, doctors and pharmacy costs, replacement costs, personal, household and economic damage with temporary component, personal household and economic damage with permanent component, loss of pension, pleasure damage, damage due to reflection, aids, aesthetic damage , sexual harm, loss of school year, etc ...

In the event of fatal (traffic) accidents, a combination of the aforementioned damage items can be requested, with additional damage items for the estate and heirs of the deceased victim.

If the accident is also an occupational accident, then there are additional options for recourse against the occupational accident insurer, employer or specific government services.

It is impossible for a layman to draw up a clear and correct damage note, given the complexity of the matter. The office will be happy to assist you in drawing up a sophisticated, well thought-out damage bill in order to obtain maximum compensation.