Property Damage Litigation involves civil disputes where one person's action (intentional or negligent) damaged or destroyed another person's real or personal property. This could be water leakage from a neighbor, fire, car damage in an accident, or cracks in a house due to construction work. The victim has the right to demand restoration of the property to its original condition or monetary compensation. The main challenge is accurately determining the amount of damage and proving the causal link to the defendant's actions. Often, defendants try to avoid liability by claiming the damage was pre-existing or caused by force majeure. Legal.ge offers lawyers who will help you obtain expert reports, assess damages, and win compensation in court.
What Does Property Damage Service Cover?
The service covers disputes related to damage to physical assets. Key areas include:
- Water Damage (Flooding): Disputes with neighbors or water utility companies due to apartment flooding.
- Vehicle Damage: Claiming compensation for car repairs or market value reimbursement after an accident.
- Construction Damage: Cracks in walls caused by vibration or excavation from nearby construction sites.
- Fire and Explosion: Damages from the person responsible for starting a fire (e.g., faulty wiring).
- Vandalism: Civil lawsuits parallel to criminal cases demanding property restoration.
- Insurance Disputes: Disputes with insurance companies refusing to fully cover property damage.
Real-World Scenarios Where You Need a Lawyer
For example, a pipe burst in the upstairs neighbor's apartment, flooding your newly renovated home. The neighbor refuses to pay, blaming the building's pipes. A lawyer will bring in an expert to identify the source and estimate repair costs, after which the court will order the neighbor to pay. Another example: a building is being constructed near your house, causing cracks in your walls. The developer denies the link. A lawyer will help conduct an engineering expertise and demand compensation or reinforcement works.
Georgian Legal Framework
Property damage compensation is based on Article 992 and following articles of the "Civil Code of Georgia." According to the law, damage must be fully compensated to restore the victim to the state before the harm occurred. The burden of proof lies with the plaintiff — they must prove the fact of damage, the amount, and the tortfeasor's fault. A report from the Levan Samkharauli National Forensics Bureau or a licensed auditor is crucial.
The Process Step-by-Step
1. Fact Documentation: Report from patrol, emergency services, or HOA. 2. Expertise: Determining damage amount by an auditor. 3. Claim: Written demand for reimbursement to the tortfeasor. 4. Lawsuit: Filing a claim in court. 5. Enforcement: Forced recovery of funds.
Why Choose a Specialist on Legal.ge?
In property damage disputes, time is critical — evidence (e.g., dampness) can disappear. On Legal.ge, you will find lawyers who know how to quickly document damage and ensure the restoration of your property's value.
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