Schadensersatzmöglichkeiten

Schadensersatz is a civil-law remedy under German law by which a party that unlawfully causes harm to another’s legally protected interests must compensate the loss. The term covers both contractual liability for breaches of duties arising from a contract and deliktische Haftung for unlawful acts outside of contract. In some areas, liability may also arise independently of fault, such as product liability or certain types of strict liability.

To prevail in a Schadensersatz claim, a claimant typically must show several elements: a legally protected interest was harmed; the defendant’s act or omission violated a duty; there is a causal link between the conduct and the harm; the defendant bears responsibility (fault in delict cases or breach of contract, or, in special cases, strict liability); and actual damages or loss exist. The assessment of fault and causation can be complex, reflecting differences between contractual and tort-based liability, as well as the availability of strict-liability regimes in areas like product safety and environmental harm.

Remedies fall into natural restitution or monetary compensation. Naturalrestitution aims to restore the situation to its state before the harm, where possible. Monetary damages (Geldersatz) compensate tangible and sometimes non-tangible losses, including financial expenditure and lost profits. In contract disputes, remedies can include Ersatz statt der Leistung (damages in lieu of performance) when performance is impossible or unreasonable, or Ersatz neben der Leistung (damages alongside performance) for ongoing duties.

Limitations and defenses include contributory fault, contractual exclusions, and statutory prescription periods, which govern the enforceability of Schadensersatz claims.