Legal Definitions - damnum absque injuria

Damnum absque injuria is a Latin legal phrase that translates to "harm without legal injury" or "damage without legal wrong."

This principle describes a situation where an individual or entity suffers a loss, damage, or detriment (the "damnum"), but that harm does not give rise to a legal claim because it was not caused by a violation of a legally recognized right or a legally wrongful act (the "injuria"). In essence, while someone may experience an unfortunate outcome or financial setback, they cannot seek compensation through the legal system if no law was broken, no duty was breached, and no legal right was infringed upon by another party.

Here are some examples illustrating this concept:

• Business Competition: Imagine a small, independent bookstore that has been operating successfully in a neighborhood for many years. A large, national chain bookstore then opens a new, modern branch just a few blocks away, offering a wider selection and lower prices. As a result, the independent bookstore experiences a significant drop in sales and eventually has to close down due to financial losses. While the owner of the independent bookstore suffered substantial financial harm, the chain bookstore operated lawfully, engaged in fair competition, and did not violate any legal rights of the independent store. Therefore, the harm suffered by the independent bookstore is considered damnum absque injuria, meaning there is no legal basis for a lawsuit.

• Market Fluctuations: An individual invests a significant portion of their savings in the stock market. Due to a sudden, widespread economic downturn affecting the entire market, the value of their investments plummets, resulting in a substantial financial loss. Assuming there was no fraud, misrepresentation, or negligence on the part of their financial advisor or the companies in which they invested, the investor's loss, while real and significant, is a consequence of general market risks. Since no legal wrong was committed by another party, this financial harm is damnum absque injuria, and the investor has no legal claim for compensation.

• Property Value Changes: A homeowner lives next to a vacant lot. The city council, following all proper zoning laws and public hearings, approves the construction of a new, lawful commercial building (e.g., an office complex) on the adjacent lot. While the new building does not violate any specific property easements or rights, its presence slightly obstructs the homeowner's previously unobstructed view and increases local traffic, which in turn causes a minor decrease in the market value of the homeowner's property. Although the homeowner experiences a financial loss in property value, the construction was legally permissible, and no legal wrong was committed against them. This situation exemplifies damnum absque injuria.