Injuria Sine Damno

Injuria Sine Damno is a legal principle stating that a plaintiff can establish a tort claim without demonstrating an actual loss or damage, provided that an unlawful act occurred that infringed on their rights. This principle emphasizes the protection of legal rights irrespective of tangible harm.

The maxim has its roots in common law and has been discussed in various jurisdictions as a means to emphasize the importance of protecting individual rights. It reflects the legal tradition that recognizes infringement as a basis for claims, even absent consequential damages.

Injuria Sine Damno is particularly relevant in cases involving violations of privacy, defamation, or trespass, where the affected party can seek redress for the infringement itself. Modern courts may award nominal damages under this principle to signify recognition of the wrong without substantial loss needing to be established.

• A person claims defamation after false statements are made about them, although they have not suffered any financial loss.
• A property owner brings a lawsuit for trespass even though no damage to their property occurred.

• Ashby v. White (1703)