Tort law at Finland
Tort law in Finland is primarily governed by the Tort Liability Act (Vahingonkorvauslaki, Act No. 412/1974), which provides a general framework for liability in damages, excluding areas specifically addressed by other legislation, such as contractual liability or statutory liability under special laws .
⚖️ Core Principles of Finnish Tort Law
1. General Liability for Damages
Under the Tort Liability Act, a person who intentionally or negligently causes damage to another is liable to compensate for that damage, unless otherwise provided by law .
2. Full Compensation Principle
The aim is to restore the injured party to the position they would have been in had the damage not occurred. This includes compensation for personal injury, property damage, and economic loss.
3. Adjustment of Damages
In certain cases, damages may be adjusted if the liability is deemed unreasonably onerous, considering the financial status of both the injurer and the injured party, as well as other circumstances. However, if the damage is caused intentionally, full compensation is generally awarded unless there are special reasons to reduce it .
4. Liability of Minors and Persons with Limited Capacity
Persons under 18 years of age are generally liable for damages they cause. However, their liability may be limited if their mental or physical condition affects their ability to understand the consequences of their actions.
5. Employer's Liability for Employees
Employers are generally liable for damages caused by their employees in the course of employment. However, if an employee intentionally causes damage, the employer may seek to recover the compensation paid from the employee .
🏛️ Public Sector Liability
The Tort Liability Act also applies to damages caused by public authorities, such as the state or municipalities. A legislative reform is underway to update the provisions concerning public sector liability, reflecting changes in societal expectations and legal standards .
🛠️ Product Liability
In consumer relations (B2C), Finland's Product Liability Act imposes strict liability on manufacturers, distributors, and sellers for damages caused by defective products. This means that liability is independent of fault, and compensation is provided if the product is found to be defectively safe .
📌 Conclusion
Finland's tort law framework emphasizes fairness and full compensation for damages, with specific provisions addressing various aspects of liability. The ongoing legislative reforms aim to adapt the legal system to contemporary challenges, ensuring that it remains effective and just in addressing tortious conduct.
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