Injury & Damages

There may be damage without legal injury.

Damnum sine injuria esse potest.

Source: Lofft, 112; 3 Bl. Comm. 219; Broom, Max. 93

Not every loss gives rise to a legal claim — a man may suffer damage without any violation of his legal rights.

Injury is not presumed.

Injuria non praesumitur.

Source: Co. Litt. 232; Weisman, 59c

The law presumes that men act lawfully until the contrary is shown — no man is presumed to have wronged another without proof.

He who does not repel an injury when he can, invites it.

Qui non repellit injuriam quando potest, inducit.

Source: Jenk. Cent. 271; Weisman, 59f

A man who has the power to resist a wrong and does nothing makes himself partly responsible for the harm that follows — rights must be defended or they will be lost.

No one causes damage except he who does what he has no right to do.

Nemo damnum facit nisi qui id fecit quod facere jus non habet.

Source: Dig. 50, 17, 151

Lawful exercise of one's own rights cannot constitute an actionable injury to another, even if the other suffers loss thereby.

An action should not be given to one who has suffered no injury.

Non debet actio dari ei qui non est injuria passus.

Source: Jenk. Cent. 69

Standing in law requires actual injury to a cognizable right — no man may invoke the courts over a wrong he has not personally suffered.

Bodily injuries cannot be assessed against future considerations.

Corporalis injuria non recipit aestimationem de futuro.

Source: Bacon, Max. reg. 22; Broom, Max. 278

A personal injury demands present satisfaction — it cannot be deferred, discounted, or traded against future contingencies.

Not every loss produces an injury.

Non omne damnum inducit injuriam.

Source: Bouvier's Law Dictionary; 3 Bl. Com. 219; 2 Bouv. Inst. n. 2211; Weisman, 59b

Loss alone does not give rise to a cause of action; there must be a violation of a legal right before the law provides a remedy.