DAMNUM ABSQUE INJURIA

Literal Translation

Loss or damage without any injury

Definition

Damnum Absque Injuria is a Latin maxim, which basically means loss or damage without any injury. It is a principle in Law of Torts, which mainly refers to a situation when a person suffers damage or loss, but does not suffer any kind of injury. In simpler words it means that although there was some physical damage, but there was no legal injury.

Illustration

Opening a burger stand near someone else’s may cause then to lose customers, but this does not give rise to cause of action for the original burger stand owner. A person is driving his car within the speed limit, while considering the condition of the traffic and the pedestrians at the same time, he tripped on a stone with one of his car tires. The stone flew hitting the head of a pedestrian. The pedestrian suffered profuse injuries. It does not give any right to the pedestrian to give rise to any cause of action. A person is driving his car within the speed limit, while considering the condition of the traffic and the pedestrians at the same time, he tripped on a stone with one of his car tires. The stone flew hitting the head of a pedestrian. The pedestrian suffered profuse injuries. It does not give any right to the pedestrian to give rise to any cause of action.

Case Law

Purshottamdas Parbhudas Patel Vs. Bai Dahi  (AIR 1940 Bom 205)

Regional Transport Authority v. Sri Kashi Prasad Gupta(AIR 1962 All 551)