Civil Code § 3281 – Right to Recover Damages
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Civil Code § 3281 – Right to Recover Damages
California Law
Civil Code – CIV
DIVISION 4. GENERAL PROVISIONS [3274 – 9566]
( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. )
PART 1. RELIEF [3274 – 3428]
( Part 1 enacted 1872. )
TITLE 2. COMPENSATORY RELIEF [3281 – 3361]
( Title 2 enacted 1872. )
CHAPTER 1. Damages in General [3281 – 3296]
( Chapter 1 enacted 1872. )
ARTICLE 1. General Principles [3281 – 3283]
( Article 1 enacted 1872. )
3281.
Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.
(Enacted 1872.)
California Law Summary
This statute establishes a foundational principle in California civil law: a person who suffers detriment (loss or harm) due to the unlawful act or omission of another is entitled to recover monetary damages.
Purpose
To affirm the right of individuals to seek financial compensation when they are harmed by someone else’s wrongful conduct, whether intentional, negligent, or otherwise unlawful.
Application
This section serves as the legal basis for pursuing damages in personal injury lawsuits. Whether the injury results from a car accident, assault, or negligence, § 3281 supports the injured party’s claim to recover compensation for medical costs, lost wages, pain and suffering, and other losses.
