As a citizen, you have an obligation not to harm other people. A person endowed with reason who fails to respect her obligation not to hurt others can be found responsible (liable) for the damage caused to others by this failure, and be obliged to pay for the damage. Thus, if you are over 7 years old, you will most likely be held responsible for your decisions and any faults you commit.

There are two kinds of civil liability.

First, there is what we call contractual liability. This happens when a person fails to respect an obligation that is part of a contract – whether the contract is written down or verbal.

An example would be if you bought furniture from a store for $5 000, but you didn’t make any payments.

Second, there is what we call extra-contractual liability. This is when a person fails to observe a rule of social conduct that is included in law. This case deals not with the violation of a contract, but instead with the violation of a rule in society.

For example, suppose you made repairs to an exterior wall of your home. Suddenly, part of the wall collapses into your neighbours’ backyard, seriously injuring their young daughter who is playing there.

Three essential elements must be proven before a court can order you to repair damage caused to another person.

• You must have committed a fault. You commit a fault if:
  
  - You fail to respect a promise you made in a contract – for example, if you don’t pay money you owe by a certain date. (Contractual liability)
  - You behave differently from the way a reasonable person would act in the same situation – for example, if you are careless in handling a firearm. (Extra-contractual liability)

• The victim must have suffered injury.
  
  - To have a claim for compensation, the victim must prove that he suffered an injury. There are several kinds of injury:
  
  Material injury:
  This kind of damage results from the loss of a material thing. An example would be the cost of replacing a window that the neighbour’s child broke.
  
  Bodily and moral injury:
  This type of damage can be claimed when a person is physically hurt, wounded, the person has psychological after-effects because of an event, or when the person has experienced pain and suffering.
  
  Exemplary damages:
  These damages are ordered by the judge in exceptional cases, when it is necessary to discourage other people from violating the law in the same way.

• The victim must prove that the fault committed caused the damage suffered.
  
  - The fault for which the defendant is being sued must be the immediate and direct cause of the damages suffered by the victim.

The objective in civil liability is to fully repair the damage suffered by the victim. Where possible, the court attempts to return the victim to the same state she was in prior to the wrongful act.

• Material damages:
  
  Assessment of material damages usually takes into account the loss of value incurred by the property at the time of the accident or its replacement value.
  
  
• Moral and bodily damages:
  
  Compensation for these types of damage is almost always imperfect because it is difficult to return the victim to the same state he was in before the fault.
  
  Several factors must be taken into consideration when assessing these damages:
  
  -1- Costs incurred since the accident must be evaluated, including:
  -renting a wheelchair or crutches;
  -special care (e.g.: physiotherapy);
  -medication not covered by medical insurance;
  -transportation to appointments with doctors and other specialists;
  -domestic help or a nurse;
  -medical experts needed to testify at the trial.
  
  
  -2- Lost income:
  -Was the victim totally incapable of working for a period of time?
  -How much salary or income was lost as a result of the accident?
  -Did the accident cause an injury that will reduce the victim’s ability to work in the future?
  -Did the victim have to change occupations?
  
  -3- Pain, suffering, and inconveniences caused by the accident – including:
  activities, sports, and hobbies that the victim had to stop doing;
  scars; psychological damage (depression, change in personality, mental anguish).

The law requires that you behave prudently and diligently (responsibly) so that you do not injure another person.

Despite your good intentions, however, it is impossible for you to foresee every accident that may occur. And the law does not expect you to have such foresight. In reality, your duty is limited to taking adequate care given the risks normally expected, and to taking the reasonable measures, given the circumstances, that will prevent these foreseeable risks from occurring.

Yes. The status of some people can mean that they are liable for the faults committed by people under their authority. Here are some examples:

• if you have parental authority, you may be held responsible for repairing damages caused by the minor in your care;
  
• if you are a teacher, monitor, or childcare worker with temporary responsibility over minors;
  
• if you are an employer, you may be held responsible for damages caused by employees in the performance of their duties;
  
• if you are a pet owner or pet sitter, you may be held liable for damages caused by pets.

Yes. If you have suffered damages, you must initiate legal proceedings within the time frame stipulated by law; if you fail to do so, you will lose your right to pursue legal action.

In general, a person who wants to start legal action for injury or damage to property must do so:

• within three years of the date of the accident; or
  
• within three years from the time the injury first appeared, if the injury appears gradually or subsequently.

Still, under certain circumstances the law provides for special time limits. For example, lawsuits against a municipality generally have to begin within a shorter time limit. The same is true if a person was a victim of defamation or any other threat to his reputation: he must begin legal action within one year of learning of the fault.