Legal Definitions - dommage survenu

Dommage survenu is a French legal term that translates directly to "damage sustained" or "damage incurred." It refers to the actual harm, injury, or loss that a person or entity has experienced as a direct result of an event or action. In legal contexts, proving "dommage survenu" is often a crucial step in establishing liability and claiming compensation, as it signifies that a real and quantifiable detriment has occurred.

Here are some examples illustrating "dommage survenu":

• Example 1 (Personal Injury): A driver runs a red light and collides with another vehicle, causing the occupant of the second car to suffer whiplash, requiring extensive chiropractic treatment and time off work for recovery.

  • Explanation: The whiplash injury, the medical bills for treatment, and the lost wages from being unable to work are all forms of "dommage survenu" – the actual, sustained harm and financial losses experienced by the injured driver due to the accident.

• Example 2 (Property Damage): During a severe storm, a poorly maintained tree on a neighbor's property falls onto an adjacent house, crushing part of the roof and damaging several rooms inside.

  • Explanation: The cost of repairing the roof, replacing damaged furniture, and any temporary relocation expenses for the homeowners constitute the "dommage survenu" – the direct property damage and related financial burdens incurred as a result of the fallen tree.

• Example 3 (Business Loss): A supplier fails to deliver a critical component for a manufacturing company's product line on time, leading to a halt in production and the cancellation of several large customer orders.

  • Explanation: The lost profits from the canceled orders, the expenses incurred due to the production stoppage, and any penalties for late delivery to customers represent the "dommage survenu" – the tangible financial losses sustained by the manufacturing company due to the supplier's failure.