Claim for compensation for damage caused by an object

Verified 04 February 2025 - Directorate for Legal and Administrative Information (Prime Minister)

You have been harmed by a thing or by a defective product  ? You can go to court for compensation (damages). In order for the liable party to be ordered to pay you compensation, you must determine the damage suffered accurately. The other elements to be provided depend on the cause of your injury. We present you with the information you need to know.

Warning  

Specific rules apply if the damage occurred during a traffic accident.

Working object

You can request damages once you have suffered damage caused by movable property or a immovable property.

Your damage can be compensated whether the property is:

  • Dangerous or harmless
  • Moving or standing still at the time your injury occurred
  • Manipulated, or not, by a person at the time of the act.

Example :

A tree in your neighbor's garden breaks and falls on you. You have a head injury. Because of your injuries, you can seek damages from your neighbor. Even if this tree is normally safe and was not manipulated at the time of the incident, your damage can be compensated.

3 types of damage may give rise to the payment of damages.

Tableau - Types of compensable damage caused by a working object

Types of harm

Examples

Bodily injury

  • Injuries
  • Disease
  • Aesthetic damage (example: a scar on the face)

Non-material damage

  • Stress due to the loss of a loved one
  • Anxiety
  • Loss of opportunity to attempt a competition or build a professional project
  • Inability to engage in sports or leisure activities

Material damage

  • Loss of income
  • Deterioration, degradation or destruction of property

In principle, the owner of the thing is considered to be his keeper. He is therefore responsible for the damage you have suffered. Therefore, you can ask him to damages.

However, in some cases, your claim may be for:

  • The person to whom the guard of the thing is entrusted. For example, in a DIY store, a customer prints a cart. Due to the fall of the cart, another person is injured. In this case, it is possible to claim damages from the customer who was driving the cart when the incident occurred.
  • The person who took over the thing without the agreement from the owner. For example, if a stolen item causes you harm, you can seek compensation from the person who stole the item.

To get damages, you must build a folder that contains a quantified claim for compensation and elements to determine that your damage is compensable (e.g. certificates from your relatives, photos, medical certificates, expertise, etc.).

These documents must prove that your harm is:

  • Certain. This means that the damage has occurred or that it is established that it will occur
  • Personal. You have to show that you are the victim of the harm
  • Legitimate (for example, you can't get damages for lost revenue unlawful).

These elements must also establish that the item has caused you harm.

This is the case when:

  • The object was present at the time of the damage and you came into contact with it (for example, you can provide testimony from a relative that in a store, you hit a vase and the shrapnel caused you a foot injury)
  • Or that the object was in an abnormal position or condition when the incident occurred (for example, you can provide a bailiff's report and the emergency report to show that you were injured by a planter on a balcony without a security guard rail).

FYI  

In some cases, there is presumption according to which the thing was the instrument of your prejudice. This is the case when:

  • The thing was moving and it hit you physically (for example: a golf ball hit by a golfer hits you in the face)
  • You hit a glass door.

To help you build your case, you can get the help of a lawyer.

Who shall I contact

If the keeper from the thing to a liability insurance, the insurer can cover your compensation.

The guard must make a claim to inform your insurer:

  • Circumstances in which the events occurred
  • The nature of the damage suffered (personal, material and/or non-material)
  • The assessment of the amount of your damage.

If the insurer considers that the conditions for compensation are met, it verifies the assessment of your damage, by having expertise.

If you disagree with the results of the insurer's expertise, you can request a new one. In this case, the expertise costs are at your expense.

FYI  

For the personal injury, the assessments are carried out by medical advisors.

At the time of payment, the insurer may apply deductibles and guarantee ceilings if the insurance contract of the person responsible for the damage so provides.

This may result in reducing the amount of your compensation.

If you are not satisfied with the amount of damages offered by the insurer, you can try to reach an amicable agreement.

If you do not agree with the insurer, you can enter the civil courts to make a claim for compensation.

To get damages, you must assign the keeper of the thing that caused you harm.

Generally speaking, your request must be made within 5 years from the time you suffered damage.

However, if you have personal injury, your legal action must take place within 10 years of consolidation of your damage.

Depending on the amount you request, your application will be reviewed by the community court or the court of law.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Injury of less than EUR 5 000

When the amount of your request is less than €5,000, you must obligatory use an alternative dispute resolution method before bringing the matter before the competent court.

If you haven't found a friendly agreement using an alternative dispute resolution method, you must submit your claim to the community court :

  • Of the place of residence of the keeper of the thing
  • Or the place where the events occurred and/or caused you damage.

Warning  

If you have had personal injury, the local court does not have jurisdiction to consider your application. In that case, you must enter the court of law.

In front of the local court, you can be assisted by a lawyer.

Who shall I contact

If you don't have the financial resources to hire this type of professional, you can to apply for legal aid.

Injury of more than EUR 5 000

To obtain damages, you must enter the court of law :

  • Of the place where the keeper of the thing
  • Or the place where the events occurred and/or caused you damage.
Who shall I contact

Warning  

Before the court, the assistance of a lawyer is obligatory.

Who shall I contact

If you don't have the financial resources to hire this type of professional, you can to apply for legal aid.

The amount of the allowance shall be assessed at the date of judgment which grants you damages

If the court convicts the keeper from the point of payment of damages, compensation must fully compensate you for your damage.

That means you're back in the position you would have been in had the harm not occurred.

However, the judge cannot award you more compensation than the amounts you have indicated in your claim for damages (subpoena).

Please note

You can freely use the money you have collected.

Once the decision has been made, the person responsible for the damage owes you a claim. So it becomes your debtor.

He can pay you the money owed spontaneously or at your request. You and the person responsible for the damage can set the conditions for the execution of the judgment that awarded you damages (for example, you can provide a timetable).

If the debtor does not execute the judgment, you can appeal to a Commissioner of Justice for him to proceed to enforcement of this decision.

If you're represented by lawyers, they can act as intermediaries.

Please note

The insurance of the person responsible for the damage can cover the payment of the damages due to you.

Defective object

You can ask for damages when a movable property caused you harm because he was defective (for example: you are injured because your chair has broken due to a design defect).

2 types of damage may give rise to the payment of damages.

Tableau - Types of compensable damage caused by a defective object

Types of harm

Examples

Bodily injury

  • Injuries
  • Disease
  • Aesthetic damage (example: a scar on the face)

Material damage of an amount greater than €500

  • Loss of income
  • Deterioration, degradation or destruction of property other than the defective product

FYI  

You may be materially harmed by a defective product or property affected by a hidden defect. In order to claim damages based on the defect of a product, it is essential that your damage results from a breach to property other than the defective product itself (for example: due to a manufacturing defect, your coffee maker leaks so that the worktop on which it is placed is permanently stained).

In principle, the producer of the defective good is considered to be responsible for the harm you suffer.

Thus, it is to him that you can ask damages.

The producer may be:

  • The person who made the product
  • And/or the person who has affixed his family name or trade mark to the product
  • And/or the person who has imported the product for the purpose of selling or leasing it.

If you do not know the identity of the producer of the defective property, your claim may be against the person who sold or rented the product to you.

If within 3 months of your requestande, the seller or lessor has not given you the identity of the producer or his supplierHe'll have to compensate you.

Please note

In some cases, compensation may be paid by the insurer of the producer of the defective good.

To get damages, you must build a folder that contains a quantified claim for compensation and elements to determine that your damage is compensable (e.g. certificates from your relatives, photos, medical certificates, expertise, etc.).

These documents must prove that your harm is:

  • Certain. This means that the damage has occurred or that it is established that it will occur
  • Personal. You have to show that you are the victim of the harm
  • Legitimate (for example, you can't get damages for lost revenue unlawful).

Such supporting documents shall also establish that:

  • The product has a defect that may affect safety (e.g. a new toy with parts coming off)
  • The product is put into circulation
  • Your damage is due to the product defect.

Example :

You buy a smartphone that has just been marketed. After a few days, this device overheats to such an extent that it causes you burns. In this case, you must bring all the evidence to prove that the defect of the phone caused your damage. It can be an invoice, a medical certificate, videos, etc.

To help you prepare your claim, you can ask for the assistance of a lawyer.

Who shall I contact

To get damages, you must assign the producer of the defective good causing your harm.

The claim for damages must be made within a period of 10 years from putting into circulation product.

If within that 10-year period you suffer harm, you have a period of 3 years from the knowledge of the defect and the identity of the producer to make your request.

The jurisdiction competent to consider your claim varies according to the amount of your damage.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Injury of less than EUR 5 000

When the amount of your request is less than €5,000, you must obligatory use an alternative dispute resolution method before bringing the matter before the competent court.

If you have not reached an amicable settlement through an alternative dispute resolution process, you must submit your claim to the community court :

  • The place of residence of the producer of the defective good
  • Or the place where the events occurred and/or caused you damage.

Warning  

If you have had personal injury, the local court does not have jurisdiction to consider your application. You must so seize the court of law.

In front of the local court, you can be assisted by a lawyer.

Who shall I contact

Injury of more than EUR 5 000

To obtain damages, you must enter the court of law :

  • The place of residence of the producer of the defective good
  • Or the place where the events occurred and/or caused you damage.
Who shall I contact

Warning  

Before the court, the assistance of a lawyer is obligatory.

Who shall I contact

The amount of the allowance shall be assessed at the date of judgment which grants you damages.

If the court convicts the producer of the defective good in order to pay you damages, the compensation must repair in full your prejudice. That means you're back in the position you would have been in had the harm not occurred.

However, the judge cannot award you more compensation than the amounts you have indicated in your claim for damages.

Please note

If you have entered into a contract for the defective product, your compensation cannot be reduced or eliminated by any of its clauses. Your loss is always fully compensated.

You can freely use the money you have collected.

Once the decision has been made, the person responsible for the damage owes you a claim. So it becomes your debtor.

He can pay you the money owed spontaneously or at your request. You and the person responsible for the damage can set the conditions for the execution of the judgment that awarded you damages (for example, you can provide a timetable).

If the debtor does not execute the judgment, you can appeal to a Commissioner of Justice for him to proceed to enforcement of this decision.

Please note

If you're represented by lawyers, they can act as intermediaries.

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