Conditions for filing a compensation claim under Saudi law

Conditions for filing a compensation claim under Saudi law

A claim for compensation is one of the most important legal means individuals resort to in order to protect their rights and redress the harm inflicted upon them, whether material or moral. In the Kingdom of Saudi Arabia, the Civil Transactions Law precisely regulates the procedures and conditions for filing a claim for compensation to ensure justice and prevent the abuse of rights. Article (136) of the Civil Transactions Law stipulates that compensation shall be sufficient to fully redress the harm by restoring the injured party to the position they were in, or could have been in, had the harm not occurred.

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Elements of the article

What are the compensation rules in Saudi Arabia?

Conditions for filing a compensation claim under Saudi law:

Types of compensation claims in Saudi law

Reasons for rejecting a compensation claim

How much compensation is there for bodily harm?

Examples of compensation for damages according to Article (139):

Questions and Answers:

What are the compensation rules in Saudi Arabia?

The Civil Transactions Law is the legal framework for compensating the injured party for their harm. It contains all the general provisions establishing the basis for claiming compensation and filing a lawsuit. Article (137) of the law stipulates that "the harm for which the responsible party is obligated to compensate is determined by the extent of the loss suffered by the injured party and the profit they were deprived of, if this is a natural consequence of the harmful act. It is also considered as such if the injured party could not have avoided it by exerting the reasonable effort required by the circumstances of the situation from an ordinary person." Thus, this article clarifies the general conditions for filing a claim for compensation for harm.

Conditions for filing a compensation claim under Saudi law:

Three basic conditions must be met in order to file a compensation claim, and those conditions are as follows:

The first condition: An error occurred

Error is a positive or negative deviation in the debtor's conduct that leads to their being held accountable. Deviation means a departure from the normal course of events, where the person fails to take sufficient precautions to fulfill their obligation, resulting in harm. The normal person is neither exceptionally intelligent nor extremely vigilant, nor is they lacking in discernment and lacking in ambition. Determining the degree of normality falls to the court, which may consult an expert to ascertain whether the debtor acted in accordance with the norm. For example, a doctor performs surgery and commits medical malpractice. In order to determine whether the doctor took full precautions and acted in accordance with the norm, and whether the error was beyond their control due to external factors or unforeseen circumstances, or whether they were negligent and not reasonably vigilant, the court consults an expert physician and seeks their opinion.

The second condition: - Damage occurs

Harm is defined as an attack or injury that befalls a person in one of his rights or in a legitimate interest of his, whether that right or interest is related to the safety of his body, his money, his honor, or any other material and moral rights.

The damage is divided into two types:

Material damage: This is damage that can be valued in money, and it is one of the most common types of damage in contractual liability, as the damage affects a person’s financial standing and leads to a financial loss, such as the damage caused by the tenant to the rented property, which leads to a financial loss for the landlord.

Moral damage: This is damage that does not affect money, but rather affects a person’s reputation, dignity, honor, and standing. This type of damage is prevalent in tort liability and results from an illegal act.

For example, a newspaper or journal might publish offensive news about a person, harming their reputation or honor, or someone might insult and slander another person on social media, harming their reputation, status, and dignity.

The third condition: The causal relationship between the error and the damage.

Error and damage alone are not sufficient to file a claim for compensation. It is necessary to prove the causal relationship between them in order for liability to be established. The damage that befell the person must have resulted from the error committed by him. It is the plaintiff’s responsibility to prove the causal relationship between the error and the damage by all means of proof, because the burden of proof is on the one who claims.

Types of compensation claims in Saudi law

A claim for compensation is a general claim that may be filed to seek compensation for any harm suffered by a person. Among the many types of claims for compensation are the following:

Compensation for bodily injuries, material damage to the vehicle, and losses resulting from the accident.

Compensation for occupational injuries or illnesses that occur during work.

Compensation for damages resulting from the use of defective or dangerous products such as cosmetics and medical products.

Compensation for losses resulting from one party's failure to comply with the terms of the contract.

Compensation for damages resulting from providing misleading information or concealing important facts when entering into a contract.

Compensation for non-compliance of the product or service with the specifications or warranties provided.

Compensation for copyright infringement, such as compensation for the unauthorized use or copying of a protected work.

Compensation for patent infringement, such as compensation for the use or manufacture of a patent-protected invention without permission.

Compensation for trademark infringement, such as compensation for the unauthorized use of a registered trademark.

Compensation for unauthorized entry into or damage to another person's property.

Compensation for pollution or damage to the environment that affects individuals or property.

Compensation for damages resulting from unfair business practices that harm competitors.

Compensation for damages to reputation resulting from the dissemination of false information.

In some cases, claims for compensation are filed for non-compliance with alimony or custody rulings.

Compensation for losses resulting from fraud or financial deception

Compensation for practices that mislead consumers.

Therefore, the scope of filing a compensation claim is very broad and includes almost any situation in which harm is caused to a person or entity by the act or negligence of another person.

Reasons for rejecting a compensation claim

The general reasons for rejecting a compensation claim often revolve around two main points, as follows:

The plaintiff's inability to prove the causal link between the error and the damage.

Therefore, it is necessary to seek the help of a lawyer specializing in the field of compensation, because he is the most experienced and knowledgeable in assisting the plaintiff in proving the fault, the damage and the causal relationship between them.

Choosing the competent court:

The majority of plaintiffs resort to the wrong court to file a compensation claim, because there are compensation claims that fall under the jurisdiction of general courts, commercial courts, and administrative courts of the Board of Grievances, which leads to the rejection of the compensation claim and the loss of time, effort, and money. Therefore, it is necessary to seek assistance from the Abdulaziz bin Yasser Al-Anzi Law Firm for Advocacy and Legal Consultations, as it has the most experience and knowledge of the court that is competent in terms of type and jurisdiction for the compensation claim, which saves the plaintiffs time, effort, and money.

How much compensation is there for bodily harm?

Article (139) of the Civil Transactions Law stipulates:

Compensation is assessed in monetary terms; however, the court may, depending on the circumstances and upon the request of the injured party, order compensation in kind, restoration of the situation to its previous state, or issue a specific order related to the harmful act.

Compensation may be ordered to be paid in installments or in the form of a regular income, and in these two cases the court may order the debtor to provide sufficient security.

Examples of compensation for damages according to Article (139):

Cash compensation.

Reciprocal compensation.

Compensation by restoring the situation to what it was before, if possible.

Compensation for any specific matter related to the harmful act.

The court has sufficient discretion to rule on any means of compensation, in addition to assessing the value of the compensation, as there is no specific amount, but rather each case of damage has its own compensation and amount.

Questions and Answers:

What are the conditions for compensation for damages under Saudi law?

Error, harm, and the causal relationship between them

Could he compensationWhat is the concept of moral damages under Saudi law?

Yes, compensation for moral damages is possible in accordance with what is stipulated in Article (138) of the Civil Transactions Law.

What is the duration of a compensation claim?

Ten years from the date of the damage, but a claim for compensation arising from the harmful act is not heard after the expiry of (3) years from the date the injured party became aware of the damage and the person responsible for it.

However, if the claim for compensation arises from a crime, it is not prohibited from being heard as long as the criminal case is not prohibited from being heard.

When does the right to claim compensation expire?

Ten years have passed since the date of becoming aware of the damage. In conclusion, compensation cases require specialized expertise. Do not take any steps before consulting us. Book a confidential and specialized consultation now. [Confidential and Specialized Consultation] with the Abdulaziz bin Yasser Al-Anzi Law Firm and Legal Consultations.

In conclusion, compensation cases require specialized expertise. Do not take any steps before consulting us. Book a confidential and expert consultation now.Contact us.   ]   Abdulaziz bin Yasser Al-Anzi Law FirmThe best law firm in Jeddah.