Generally, the law provides that everybody damaged culpably by an action contrary to law or contract has a claim for damages. Complex questions of law can arise in relation to causality of an action for the damage and with regard to the requirements of illegality (e.g. protective laws, European law), fault (gross or slight negligence) as well as – developed by complex case law – the concepts of adequacy and the protective scope. Furthermore, questions of limitation of claims may occur. On the factual level difficult problems relating to the clear formulation of the claim and the proof of the amount of damage often need to be addressed.
Preslmayr also advises in specialized areas of damage law, such as government liability, damage claims following infringements of antitrust law (follow-on actions), damage claims of investors in financial markets or regress claims made by social security organizations. Our specialists are – both for plaintiffs and for defendants – able to rely on the experiences from numerous highly complex cases.