A landmark win for victim justice

Our client suffered life-changing injuries in a high-speed crash caused by armed robbers fleeing a police pursuit. Although no State agent was at fault, we secured a court decision that held the Luxembourg State financially liable. We applied a 1988 Luxembourg law aimed at protecting victims, even when no one is directly at fault.

The Challenge

The State initially denied all responsibility. Because no public employee had directly caused the crash, authorities argued that no compensation was due. But the victim faced long-term physical and emotional consequences, and the legal question at stake reached beyond a single case:

Can the State step away entirely when public harm occurs, simply because fault can’t be assigned?

Our Approach

We built our argument on a key Luxembourg statute from 1988 – one that allows indemnity in cases where no one is at fault, but it would be unjust to leave the consequences with the victim alone.

• Challenged the State’s narrow interpretation of the law

• Structured the legal theory around fairness, not blame

• Presented a compelling argument for a broader understanding of public liability
• Advocated the case before the court with clarity and principle

The Impact

The court sided with our client marking the first time the Luxembourg State was held liable without fault by its agents.

• A substantial indemnity secured for the client

• A precedent-setting decision in Luxembourg liability law
• A clear affirmation that public institutions carry a duty to protect, even in complex faultless scenarios