Liability for non-material damage | Legal aid centre

Questioner

Hello legal aid clinic, Our restaurant has had five leaks. The owner of the building is liable for this. The material costs have now been reimbursed. Because sewage water practically came through the ceiling, we had to turn away customers. This happened five times. We also got a bad name in the area because of this. Can this immaterial damage also be recovered from the owner of this building? Kind regards,

Lawyer

The damage you are talking about falls under consequential damage and can be contractually excluded. However, this does not mean that you cannot appeal to it. It depends on the circumstances and facts to what extent the owner can be held liable for consequential damage, for example if the owner has been negligent in maintenance on several occasions, etc. You can then hold the owner liable for this. If you need any assistance with this or would like to discuss it further, please contact me directly.