Legal Definitions - damnum sine injuria

Damnum sine injuria is a Latin legal principle that translates to "damage without a wrongful act."

It refers to situations where a person experiences harm, loss, or damage, but that harm was not caused by an act that the law considers wrongful, illegal, or a violation of a legal duty. In such cases, even though damage has occurred, there is no legal remedy available because no legal wrong was committed.

• Example 1: Legitimate Property Development

  Imagine a homeowner who decides to build a large, multi-story addition to their house, strictly adhering to all local zoning laws, building codes, and permits. This new addition, while perfectly legal, unfortunately blocks the previously unobstructed ocean view from their neighbor's property, causing the neighbor's property value to decrease significantly.

  Explanation: The neighbor has suffered "damnum" (financial loss due to decreased property value and loss of view). However, the homeowner committed no "injuria" (wrongful act) because they were exercising their legal right to develop their property within the bounds of the law. Therefore, the neighbor would likely have no legal claim for compensation, as the damage occurred without a legal wrong.

• Example 2: Strategic Business Relocation

  Consider a large manufacturing company that operates a factory in a small, economically dependent town. Due to global market changes and rising operational costs, the company makes a lawful business decision to close the factory and relocate its operations to another country where production is more cost-effective. This decision, while financially sound for the company, results in hundreds of job losses in the town and causes severe economic hardship for many families and local businesses that relied on the factory's presence.

  Explanation: The former employees and local businesses experience significant "damnum" (loss of income, business failure). However, the company's decision, though devastating for the community, was a legal and strategic business choice, not a "injuria" (wrongful act) that violated any specific legal duty to the town or its residents. Consequently, there would typically be no legal basis for the affected parties to sue the company for these losses.

• Example 3: Unavoidable Consequences of Public Infrastructure Projects

  A city government undertakes a major, legally authorized public works project, such as constructing a new light rail line through an urban area. During the multi-year construction phase, businesses along the construction route experience reduced customer traffic, increased noise and dust, and temporary disruptions to access, leading to a noticeable decline in their profits. The city has taken all reasonable steps to mitigate these impacts, but some level of disruption is inherent to such a large project.

  Explanation: The businesses suffer "damnum" (financial losses and inconvenience). However, the city is carrying out a lawful and necessary public improvement project, and the disruptions, while harmful, do not constitute an "injuria" (wrongful act) in the sense of negligence or illegal conduct. As long as the city acts within its legal authority and takes reasonable precautions, the businesses generally cannot sue for these incidental losses.