Liability for damages and how to handle it

All of us have probably broken or destroyed something at some point, even if unintentionally. How do we deal with situations where we cause damage and what are we actually responsible for?

Dva muži zkoumají svá nabouraná auta
5 minutes of reading

Chapters of the article

If you turn around in the store and break the goods on the shelves with your bag, you will have to pay for the goods. The same applies to a broken window or window. It is our responsibility and our duty to make things right. Likewise if your dog bites someone, you hit another skier on skis or cause damage with the increasingly popular drone. In that case too, the responsibility goes to you. This also means full compensation for damages.

You have to pay for any damage you cause. It does not matter whether it was intentional or by mistake. If you spill on a colleague’s computer, it is your responsibility to pay for the repair. Similarly, you will have to pay the shop owner for a new shop window, and you will have to pay the medical expenses of a person who has been bitten or a skier who has been hit.

In the words of the law, the person who caused the damage by intentionally acting against good morals is liable for the damage. The prerequisites for this liability are the occurrence of the damage, the act violating a certain (legal) obligation, a causal link between the damage and such act and finally fault.

Culpability can be recognised in various forms and degrees:

  • direct intent – the person knew that his or her conduct would cause the consequence in question and intended to cause it,
  • indirect intent – the person knew that his or her conduct was likely to cause the consequence in question and was aware of the consequence in case it occurred,
  • deliberate negligence – the person knew that by his conduct he could cause the consequence, but without reasonable grounds relied on his failure to cause it,
  • reckless disregard – the person did not know that his or her conduct was likely to cause the consequence, although he or she should have known it given the circumstances and his or her personal circumstances.

Only a person who has the capacity in tort, is aware of his or her actions and is able to control them can be liable for damages.

It is not only the damage caused

If you cause harm somewhere in the workplace, you may also be able to recover damages for lost profits.

In addition, if you injure someone, it may even be for compensation for hindered future employment if the person is left with permanent consequences.

There can also be the extreme case where you run a red light, crash a luxury car for you, and in the process hit and kill a woman and her children on the sidewalk. Then be prepared to pay for the funeral, the hardship of the family and loved ones. And the car.

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

How not to go crazy?

In such cases, it’s a good idea to take out so-called third-party liability insurance. This insurance costs a few hundred a year, but can save you a lot of trouble in the end. However, when taking out such insurance, be careful what life situations it covers and at what level. “Crap insurance” is a popular term for this type of insurance. It can be taken out for bodily injury, property damage or financial loss caused to someone else. It is offered by banks and insurance companies for a variety of situations, typically public liability insurance or employers’ liability insurance. Find out about the products your insurer offers. You may not even know that you already have them. Often it is also part of a home or other insurance policy.

Tip: Road accidents are one of the most common situations in which we deal with compensation for damages, either as the injured party or as the person who caused the damage. What are the relationships between the parties involved and how does the insurance company get involved? What can you claim and how to proceed in such situations? This is the subject of a separate article.

Damage caused to the employer

However, public liability insurance sometimes does not cover damage caused by employers. You are liable up to a maximum of 4.5 times your average monthly wage, but only for unintentional damage. The 4.5 times limit does not apply if the damage was caused intentionally, while drunk, or after the use of other addictive substances (e.g. marijuana).

Tip: Are you an employee and liable for damages? Take out an employee liability insurance policy, or crap insurance. Find out how it works in our article.

However, it is different if you enter into a so-called liability agreement with your employer. In this case, you are liable for the loss of entrusted values, such as money in the cash register, goods in the warehouse, etc., and you are liable for the entire damage, so there is no upper limit. The only defence against a reported shortfall is to prove that the employee was not at fault (e.g. there was a proven robbery by a third party on the night). If more than one employee enters into the agreement (e.g., an entire shift), the increased liability is on the supervisor and his/her deputy. They pay a greater share of the total damage. If you have such an agreement in place, we strongly recommend that you take out insurance for these cases as well.

Tip: An employee is only liable for damage caused to the employer to a limited extent. What are the limitations on this liability? We have addressed this in a separate article.

Are you solving a similar problem?

Dostupný advokát team of online lawyers will solve it for you.

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

Preset Prices
All services pre-priced for no surprises.
We Do Everything Online
Save time, money and the hassle of travel.
We Work Fast
90 % of issues get solved by the following day.
Experienced Team
We have specialists for every field of law.

Has this content helped you? Give it a rating

No rating yet. Be first to rate and help others.

Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

Reviews of the Dostupný advokát service

Recenze služby

Jan Vrátný, Veselí nad Lužnicí

before 3 years

I work as a self-employed craftsman and I know my field very well. Unexpected events happen, however, and I sometimes have to deal with problems where I need quality legal advice. I don’t like calling legal offices, getting sucked into discussions with terms I don’t understand. Dostupnyadvokat.cz is different. My first time, they replied immediately (zobrazit více) and together we created a contract custom tailored to my exact needs. I continue to be very happy with both their work and their price.

Recenze služby

Tomáš Hrdlička, Nové Strašecí

before 3 years

I felt very uncomfortable meeting an attorney in person. But Dostupný advokát managed to solve everything for me online. I bought a consultation because my employer had sent me for a long term business trip to an exotic country with no explanation, and I wanted to be sure what my rights in this situation were. (zobrazit více) The Skype consultation was very pleasant and the service was fast. I can fully recommend them.

Recenze služby

Ms Magic, Google reviews

before 3 years

Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality (zobrazit více) Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality legal services affordable for the average person. I find their prices very fair when compared to what I’ve usually paid for similar services, which means I (and my family and friends) can get the legal help I need without worrying about some black hole of never-ending fees. In my own experience with DA I’ve found everyone there very responsive, and emails and calls are answered in a timely manner. Their large staff also gives me confidence that any legal needs I have can be handled professionally, as there’s always someone with experience in my particular issue. Their head attorney also writes a regular blog and keeps up with all the latest legal trends, which means they as a business stay up-to-date. As someone who’s spent a fortune over the years on legal assistance, or tried to “go it alone” when I couldn’t afford legal help, I wish Dostupny Advokat had been around a long time ago. I highly encourage anyone who needs legal help to TRY THEM FIRST!

View All Testimonials

You could also be interested in

About us in public media
Logo Česká advokátní komora Logo Advokátní kancelář roku 2023 a 2024
Follow the news
Facebook Dostupný advokát Twitter / X Dostupný advokát