Liability

Liability law: your rights in case of damage incurred

When another party causes you damage, you can hold them legally liable. Liability arises based on law or an agreement. Liability law determines in which cases you are entitled to compensation and how you can claim it.

Foundations of liability

The law recognizes different legal grounds on which a damage claim can be based:

• Tort: damage caused by illegal or careless actions.
• Breach of contract: when a contractual agreement is not fulfilled, resulting in damage.
• Undue payment: you have paid something without a legal obligation; this can be reclaimed.
• Unjust enrichment: if someone gains financial benefit at your expense without legal basis, this can be corrected.
• Agency: if you incur costs in the interest of another without any agreements being made, these costs can be reclaimed.

Sometimes multiple grounds can apply simultaneously. Liability law then allows for the combination of different legal routes in a damage claim.

Claiming damages

Compensation usually begins with a written notice of default or a formal liability claim. If the opposing party refuses to compensate, legal proceedings may be necessary. It is important to act carefully in this context to safeguard your rights.

Assistance from a specialized lawyer

Establishing liability and recovering damages is often complex. The lawyers at BG.legal have extensive experience in liability law and assist entrepreneurs, SMEs, and large companies throughout the entire process from legal assessment to court proceedings.

Do you believe you have incurred damage due to the actions of another? Then contact one of our specialists. We are happy to assist you.