We often consult with clients who wish to institute a claim against another party for damages. As there are multiple forms of damages claims, we thought it would be worth explaining the concepts and how damages are measured.
When someone else’s actions, or failure to act, causes you to suffer damage, loss or injury, you may lodge a claim of compensation against that person.
By way of example, a claim for damages may be where you hire a building contractor to make alterations to your home. You later notice that the walls are not built straight and the paint begins to flake off the walls within a week of completion. In this instance you will have a contractual claim for the amount of damages that you have suffered, that being the cost to repair the damage to the walls.
A different scenario would be where a person sets off a firecracker in their backyard and it lands on your thatched lapa, catching alight. In this instance you would have a claim for damages against this person.
In a claim for damages, you will need to prove the following:
- The fault/liability of the wrongful party and that the loss was a result of their fault;
- The sum of the loss.
There are various types of damages claims which we are not able to discuss within this article but should you believe that you have a valid claim for damages and would like to consult with us, please contact us on [email protected] or 011 897 1900.
Article contributed by Diane Charles of Tuckers Inc.