Property Damages

If you have suffered damage to property as a result of the negligent or intentional act of another, you will have the right to claim your damages from the negligent party. Property will include everything that you own and that has a commercial value.

You will be able to recover the lesser of:

  • The difference between the market values of the item before and after the damage; or
  • The fair and reasonable cost of repairing the property to the state it was prior to being damaged.

The principle behind compensation is to place you in the position you would have been had the damage never happened. You should not be better off, but should be in the same position financially.

Proving your loss?
To illustrate the process here are some examples:

Your motor car is damaged in an accident. You may claim the lesser of:

  • The pre accident market value (less the scrap value), or
  • The cost of repair.

(A motor vehicle assessor or panel beater will have to provide the court with evidence as to both values.)

Your 10 year old couch is damaged when your EX- boyfriend chops it up after your heated break-up.  You may claim the lesser of:

  • the cost of a replacement 10 year old couch, or
  • the cost of repairing the damaged one.

(Someone who deals in second-hand goods will have to provide the court with a valuation of the damaged couch before and after, and what it might cost to repair.)

You are a farmer who has lost his maize crop as a result of a fire which was caused by the negligent act of one of your neighbours.
You may claim your financial loss.  In this instance you will have to provide the court with at least the following evidence:

  • Record as to how much crop you have historically harvested from the area which was damaged
  • Record of what your neighbouring maize farmers harvested in previous years and the year of your damage
  • The ruling maize price at the time of expected harvest.

(You may require the opinion of one or more experts to validate your figures and calculations.)

Contact Details

Phone Phone: (012) 809 1588
Fax Fax: (0) 86 603 0097
WWW Link Website:
Address: Block 2, Lombardy Business Park,
Cnr Cole & Graham Rds, Lombardy , Pretoria