The Basis of a Property Damage Claim
In a case of property damage, the basis of the claim is the delict norm of the Civil Code: a person who, by a wrongful, intentional or negligent act, causes damage to another person is obliged to compensate that damage. The norm regulates all three elements — the wrongfulness of the act, fault (intent or negligence) and the damage — and the success of the claim in court depends precisely on establishing those elements. In a property damage case these elements always rest on concrete facts: what happened, who acted, what caused the outcome and what the outcome was. Preparing the claim is precisely the documentary unfolding of that factual chain — an arrangement of evidence in which each element is substantiated separately.
Moreover, in litigation the concept of damage is not merely a description of the damaged thing: it embraces both what the injured person lost and what it would have received. That is why, before the claim, a full inventory of the damage matters — documents on repair costs, value assessments and a calculation of the income that the damage made impossible to receive.
Solidary Liability
Where several persons participate in causing the damage, they answer as solidary debtors — the injured person may demand the full amount from any of them. Moreover, liability is borne not only by the person who directly caused the damage but also by the one who instigated or facilitated it, as well as by the one who knowingly took advantage of damage caused to another. This widened circle strengthens the injured person's position: a suitable defendant may be not only the author of the immediate act. Solidarity also enters the strategy of the claim: directing the demand against several persons determines whose property the injured person may realistically reach in execution.
The Form of Compensation — Restoration or Money
Under the corresponding norm of the Code, where compensation of the damage by restoration of the original situation is impossible, or disproportionately great expenses are required for it, the creditor may be granted monetary compensation. In practice this means that the excess cost of restoration puts monetary compensation in dispute: the parties often argue precisely over whether restoration was "disproportionately expensive."
Compensation for Forgone Income
Damage must be compensated not only for the pecuniary loss actually incurred but also for forgone income. Forgone is the income the person did not receive and would have received had the obligation been duly performed. For the injured person this means that the calculation of lost profit must enter the claim — and it must be justified with the same standard of proof as the loss itself. From this the structure of the claim follows as well: first the actual loss — what was damaged and to what extent; then the forgone income — what the injured person would have received had the obligation been performed; and finally the form of compensation — restoration or monetary payment. Substantiating each of these three blocks separately allows the court to assess each part of the claim on its own, and allows the injured person to build the amount of the claim on grounded argumentation. Excessive or unconfirmed figures, on the contrary, diminish the credibility of the claim.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
From whom may damage be claimed with several tortfeasors?
From any of them, in the full amount — they answer as solidary debtors; the circle also includes one who instigated, facilitated or knowingly profited from the damage.
When is restoration replaced by monetary compensation?
When restoration of the original situation is impossible or connected with disproportionately great expenses.
May lost profit be claimed?
Yes — damage is compensated for the actual loss and for forgone income, where it is proven that the income would have been received upon due performance.
What is the core of the basis of the claim?
A wrongful, intentional or negligent act, the damage and the causal link between them — these are the elements the court establishes.
How We Help on Legal.ge
A property damage case requires both establishing the damage and a justified calculation of its amount — including the loss and forgone income. On Legal.ge you can consult an advocate experienced in delict cases who will assess the prospects of the claim, prepare the action and represent your interests in court. Submit a request on the site and get qualified assistance.