Sworn attorney Anneli Aab and attorney Reelika Rohi of Sirel & Partners Law Firm successfully represented a client in a dispute concerning damage caused to the client’s apartment property.
The damage was caused by construction and demolition activities in an outbuilding directly adjacent to the client’s apartment. The construction workers were lacking a building permit and the necessary construction project. According to the law, during constructions it is the responsibility of the owner of the immovable property under construction to ensure the safety of the activities. The court confirmed the Supreme Court’s case law, according to which construction work can be considered a source of greater danger and in a situation where the person causing the damage was obliged to take all necessary and reasonable measures to prevent the damage and the victim demands compensation for the damage caused to his property, a violation of the turnover obligation can be assumed if the damage occurs.
The County Court satisfied the client’s claim for damages and decided that the constructors are subject to compensate for the damage caused to the client’s apartment property.
The court decision has not yet entered into force and can be appealed.
All news