{"id":145778,"date":"2026-06-12T03:24:52","date_gmt":"2026-06-12T00:24:52","guid":{"rendered":"https:\/\/www.salamahlaw.com\/?p=145778"},"modified":"2026-06-12T03:24:52","modified_gmt":"2026-06-12T00:24:52","slug":"conditions-for-filing-a-compensation-claim-under-saudi-law","status":"publish","type":"post","link":"https:\/\/www.salamahlaw.com\/en\/conditions-for-filing-a-compensation-claim-under-saudi-law\/","title":{"rendered":"Conditions for Filing a Compensation Claim under Saudi Law"},"content":{"rendered":"

The Civil Transactions Law has been issued to serve as the legal reference for civil dealings in Saudi Arabia. The Law sets out the rules governing liability and compensation for harm. Article (136) of the Civil Transactions Law provides that compensation shall fully redress the damage by restoring the injured party to the position they were in\u2014or could have been in\u2014had the harm not occurred.<\/span><\/p>\n

Therefore, it is clear from this article that an injured party may file a compensation claim for the damage suffered. In this article, Al-Salama Law Firm will outline the legal requirements for filing a compensation claim under Saudi law.<\/span><\/p>\n

 <\/p>\n

What Are the Rules of Compensation in Saudi Arabia?<\/b><\/h2>\n

The Civil Transactions Law constitutes the legal foundation for compensating the injured party. It contains all general statutory provisions governing compensation claims. Article (137) states:<\/span><\/p>\n

\u201cThe damage for which the liable party must compensate is determined by the loss suffered by the injured party and the lost profits, provided such damage is the natural result of the harmful act. The same applies if the injured party could not have avoided the damage by exercising the reasonable effort that the circumstances require from an ordinary person.\u201d<\/span><\/i><\/p>\n

This article therefore establishes general conditions for filing a compensation claim.<\/span><\/p>\n

 <\/p>\n

Conditions for Filing a Compensation Claim<\/b><\/h2>\n

Three essential conditions must be met to file a compensation claim:<\/span><\/p>\n

First Condition: The Occurrence of a Fault<\/b><\/h3>\n

Fault is a positive or negative deviation in the conduct of the obligor that renders him liable. This deviation refers to straying from the behavior of the ordinary person, who would exercise sufficient caution to fulfill their obligation without causing harm.<\/span><\/p>\n

The “ordinary person” is neither exceptionally intelligent nor negligent; the standard is determined by the court, which may consult an expert to assess whether the defendant acted as a reasonable person would.<\/span><\/p>\n

Example:<\/b>
\n<\/b> A doctor performs a surgery that results in medical error. To determine whether the doctor exercised due care or whether the error resulted from unavoidable external circumstances, the court appoints a medical expert to provide an opinion.<\/span><\/p>\n

Second Condition: The Occurrence of Damage<\/b><\/h3>\n

Damage is defined as any harm inflicted on a person\u2019s rights or lawful interests, whether relating to bodily integrity, property, reputation, honor, or any other material or moral rights.<\/span><\/p>\n

Damage is divided into two types:<\/span><\/p>\n

1. Material Damage<\/b><\/h4>\n

Damage that can be evaluated in monetary terms, commonly arising in contractual liability. It affects the person\u2019s financial interests, such as damage caused by a tenant to leased property, leading to financial loss for the landlord.<\/span><\/p>\n

2. Moral Damage<\/b><\/h4>\n

Damage that does not affect financial interests but harms a person\u2019s dignity, reputation, honor, or social standing. This typically arises in tort cases.<\/span><\/p>\n

Examples:<\/b><\/p>\n