Damages and Civil Liability

WHAT HAPPENED? CHOOSE YOUR NEXT STEP
• You suffered an expense, injury or other loss — Organize each item and supporting evidence. Fill in the printable loss log.
• You need to identify a damages category — Match the harm to the legal requirements. Compare types of damages.
• You need to put a number on the claim — Compute actual damages, lost earnings and interest. Use the worked guide.
• You believe someone was negligent — Connect conduct, harm and proof. Prepare negligence evidence.

Use this hub to establish when careless, abusive or unjust conduct creates civil liability and what a claimant can actually recover. Liability under the Civil Code stands on its own and does not depend on a criminal conviction.

START HERE — WHAT CAN YOU RECOVER?
• Actual, Moral, Exemplary and Other Damages — the kinds of damages and how they differ.
• How Damages Are Calculated — proof, the lost earning capacity formula, interest and reductions, with examples.
• Breach of Contract vs Quasi-Delict — which theory applies and how it changes proof, defenses, damages and deadlines.
• Moral Damages — when they may be claimed and what must be shown.
• Attorney’s Fees and Litigation Expenses — the Article 2208 grounds, proof and reasonable amount in any civil case.
• Attorney’s Fees in a Contract Case — fee clauses, court reductions and bad faith after a breach.

NEGLIGENCE, ACCIDENTS AND INJURIES
• How to Prove Negligence — the elements and the evidence a civil claim needs.
• Car Accident Compensation — which losses may be claimed after a collision.
• Slips, Falls and Injuries on Premises — claims against stores, condominiums and other owners.
• Lost Income After an Injury — proving earnings lost because of the injury.
• Passenger injured during a trip? — Review the common-carrier guide.
• A driver or owner will not pay after hitting your motorcycle? — Review evidence and filing routes.

WHO MAY BE RESPONSIBLE?
• An employee caused the loss — review when an employer may also be responsible.

NEIGHBORS, ANIMALS AND ABUSE OF RIGHTS
• Neighbor Construction Damaged My House — who may be responsible for the damage.
• Dog Bite Liability — who pays medical bills and other damages.
• Abuse of Rights (Articles 19, 20 and 21) — when lawful-looking conduct can still lead to liability.

Key topics: negligence and quasi-delict · contractual liability versus quasi-delict · liability of parents, employers, owners and possessors · abuse of rights under Articles 19 to 21 · quasi-contracts, including solutio indebiti and negotiorum gestio · actual and compensatory damages · lost earning capacity · moral, exemplary, nominal and temperate damages · legal interest · attorney’s fees · the proof required for each kind of award.

Statutory basis: Civil Code, Preliminary Title (Arts. 19 to 36) and Book IV (Arts. 2142 to 2235).

In the Code: the Preliminary Title for the Human Relations articles, and Book IV for quasi-delict and the classes of damages.

Quick answers: See the Damages and Civil Liability FAQ for short, cited answers to the most common questions in this hub.