When causing damage to others; the person causing the damage will have to compensate the damage sufferer according to the provisions of law. So, if many people cause damage, who will be responsible, and how is the compensation? Please refer to the article Compensation for damage caused by many people below.
Legal grounds
Civil Code 2015
Consulting content
General provisions on compensation for damage caused by many people
If many people jointly cause damage to another person, those persons must jointly compensate the damage sufferer. Responsibility to compensate for the damage of each person jointly causing damage; determined in proportion to the extent of each person’s fault for the damage; If the extent of the fault cannot be determined, they must compensate in equal parts.
Accordingly, compensation for damage caused by many people is the joint responsibility of compensating those who jointly cause damage to the aggrieved person. The basis for determining joint liability for compensation; is when more than one person causes damage to the aggrieved person, there is a co-damaging act of the damage-causing people.
To incur indemnification liability; According to the above provisions, one of the following two cases may occur:
– Many people cause damage to many people.
– Similarly, many people together cause damage to one person.
Conditions for arising liability to compensate for damage caused by many people
Liability to compensate for damage caused by more than one person arises; when the following conditions are satisfied:
Unlawful acts in causing damage to many people are in agreement with each other
To generate joint liability for compensation between those who jointly cause damage, there must be an agreement between them on the act of causing damage. Those who cause damage have a unified will in causing damage, but the level of implementation of each person may be different.
Co-caused damage means that the acts of those who cause damage are the causes leading to the damage that has already occurred; regardless of whether the behavior of each person is the direct or indirect cause of the damage. Joint damage may result from mutual willful fault in causing the damage. Possibly the same behavior pattern; or maybe the acts are performed separately by each person but form a unified chain of work that causes damage. At that time, they have joint responsibility for compensating for damage caused by many people.
There is damage to many people
The co-causes of damage represent each person’s violation of the law in causing damage; or in the field of activity of each person. Liability for compensation caused by many people; cannot arise when only one person causes damage; which causes the damage must be done by more than one person.
If many people cause damage to one or more people, joint liability may also arise; but the joint responsibility, in this case, is the joint responsibility of many obligors, the obligee may be one or more persons.
The person causing the damage can be an individual or a legal entity; In particular, there must be two or more subjects. If only one person causes damage, this type of liability will not arise.
Compensate for damage when there is the fault of those who jointly cause damage
A person is only responsible for his actions and the consequences of his damaging acts. Except for special cases prescribed by law, such Compensation caused by a source of extreme danger may arise even if the person causing the damage is not at fault. A person must compensate for his actions when he is at fault; regardless of whether the error was unintentional or intentional.
The cause-and-effect relationship between the illegal acts of those who jointly cause damage and the damage that occurs
Harmful acts of those who jointly cause damage may be different in degree, but the same result is damage to the aggrieved person. Illegal acts of the co-damaging parties have caused total damage to the aggrieved person. Therefore, those who commit this act must jointly compensate for their actions caused to the aggrieved person.
Therefore, when considering the causal relationship between the acts of those who jointly cause damage to the aggrieved person, in addition to determining the joint compensation liability of these people, it is also meaningful in determining the level of compensation. often.
Level of compensation for damage caused by many people at the same time
The general rule when determining the level of compensation for damage caused by many people is that they must be jointly responsible for compensating the damage sufferer. However, a person is only responsible for his behavior and its consequences. Therefore, if the error level of each person can be determined; then the person causing the damage will compensate for the damage commensurate with the extent of that fault. If the fault level of each person cannot be determined; they must be compensated equally.
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Frequently asked questions
If you go to a restaurant to be poisoned; The restaurant will be responsible for compensating customers for damage caused by their fault. The restaurant may have to compensate for medical expenses; the actual lost or reduced income of the aggrieved person and the caregiver of the aggrieved person; compensate for the mental loss…
Compensation for damage caused by goods of poor quality is as follows: The seller must compensate the buyer and consumer for damage in case the damage is caused by the seller’s fault.
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