... the refrigerator, kitchen furniture and gas stove caught fire in the apartment, as a result of which "the kitchen burned down." There is a conclusion of the firefighters that it happened as a result of a short circuit. At the moment, a statement has been written to the police and the REM (their commission has not yet arrived). Please guide me, what should be my actions?
Answer provided 13.06.2023 17:41
You need to send them a claim for damages first. After their refusal - apply to the court with a claim for compensation for material damage.
According to Article 1166 of the Civil Code of Ukraine, property damage caused by illegal actions shall be compensated in full by the person who caused it.
In accordance with the clarifications provided in the Resolution of the Plenum of the Supreme Court of Ukraine No. 6 of 27.03.1992 "On the Practice of Consideration by Courts of Civil Cases on Compensation for Damage", when considering lawsuits for compensation of damage, courts must bear in mind that damage caused to a person and property citizen, is subject to compensation in full by the person who caused it, provided that the latter's actions were unlawful, there is a direct causal connection between them and the damage, and the said person is at fault.
In the statement of claim, it is necessary to describe the direct causal connection between the illegal act of the perpetrator of the damage and the damage caused to you, with reference to the evidence.
In the absence of a causal connection, factual data on the existence of other elements of the composition of a civil offense (illegal act, fault, damage) lose their evidentiary value as insufficient to justify a claim for compensation for damage.
If you need help in recovering damages caused by REM electricians, please contact me, I will be happy to help.
The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.