Who si responsible for damage caused by heavy rain?
Natural disasters are generally a classic example of a so-called force majeure (vis maior), i.e. an event that is extraordinary, unpredictable, unavoidable, uncaused and causes damage. Force majeure is usually perceived as a so-called liberalising ground in relation to damages. It is therefore a reason for which the injured party will not be entitled to compensation for damages because the damage was not caused by anyone (the damage was caused by force majeure). Simply put, no one is generally liable for damage caused by natural disasters, as the fault of a particular person cannot be established.
Is this always the case and is no one really responsible for the damage caused by torrential rain?
The answer to this question is not simple, but even in the case of torrential rain damage you have a chance of being awarded compensation (even if you ignore the claim awarded by the insurance company). In the case of torrential rainfall, you can claim compensation, in particular from farmers and owners of surrounding land who have managed their land in such a way as to allow the damage to occur (or whose mismanagement has led to more damage). The case-law to date is to the contrary[1], for the following reasons.
The Civil Code provides that everyone must observe the so-called general duty of prevention in his or her conduct. Everyone is obliged to act in such a way as to avoid unjustified harm to the freedom, life, health or property of another. Special laws also contain special duties extending the general duty of prevention. According to the Agricultural Land Protection Act and the Water Act, tenants or landowners must take measures to minimise the adverse effects of natural conditions or events on agricultural land (e.g. they must take care of the retention function of agricultural land). If they fail to take such measures, they are liable for the damage caused. In short, farmland must be managed so that water cannot just run off it, taking layers of topsoil with it. Management must be adapted to the direction of ploughing, not ploughing up boundaries and other natural obstacles, removing coppice or valley vegetation and generally promoting the retention properties of the land.
Accordingly, the injured party may successfully claim compensation for damages if it can prove:
- the damage was caused by a landslide or water flowing from specific lands;
- the owner of such land has managed it in breach of the above;
- damage has occurred as a result of improper management which could have been avoided or reduced by proper management.
The above can be proven relatively easily by a competent expert opinion. At the same time, it is necessary to quantify the amount of damage caused, which will again be a task for the expert.
Conclusion
In conclusion, it makes sense to claim compensation even if your property is damaged by heavy rain. However, it always depends on the circumstances of the particular case, in particular whether a particular person is responsible for the damage and whether the damage could have been prevented. Due to the relative complexity of the issue, it may be advisable to secure qualified legal advice.
[1] Judgment of the Supreme Court of 29 May 2018, Case No. 25 Cdo 3811/2017.
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Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2020. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.