Tort law at Lithuania
Tort law in Lithuania is primarily governed by the Civil Code of the Republic of Lithuania, which came into effect on 1 July 2001. This comprehensive legal framework addresses various aspects of civil liability, including tortious acts, and provides mechanisms for compensation and recourse.
⚖️ Key Principles of Tort Liability in Lithuania
1. General Liability for Damage
Under Article 6.245 of the Civil Code, a person is liable for damage caused by their unlawful actions, whether intentional or negligent. This principle ensures that individuals and entities are held accountable for harm caused to others.
2. Vicarious Liability
Article 6.264 establishes that an employer is liable for damage caused by their employee during the course of employment. However, recent jurisprudence has extended this liability to company directors in cases where the company is liquidated and damages remain unpaid. For instance, the Lithuanian Supreme Court ruled that a company's manager could be held directly liable for non-pecuniary damages when the company had been liquidated due to bankruptcy and the damage had not been fully compensated .
3. Strict Liability for Hazardous Activities
Article 6.270 imposes strict liability on individuals or entities engaging in activities that pose a special danger to others. This means that they are responsible for any resulting damage, regardless of fault, unless they can prove that the damage was caused by force majeure or the victim's own gross negligence.
4. State Liability
The state may be held liable for damage caused by unlawful actions of public authorities, including pre-trial investigation officers, prosecutors, judges, and courts, as outlined in Articles 6.271 and 6.272. Notably, if the damage is caused intentionally by these officials, the state has the right of recourse against the responsible individuals.
💰 Compensation for Damage
1. Pecuniary and Non-Pecuniary Damage
Victims are entitled to compensation for both material (pecuniary) and non-material (non-pecuniary) damage. Non-pecuniary damage includes suffering, emotional distress, and harm to reputation. The determination and amount of such compensation are at the discretion of the court, considering factors like the severity of the damage, the fault of the perpetrator, and the financial situation of the parties involved.
2. Liability for Defective Products and Services
Articles 6.292 to 6.300 address liability arising from defective products or services. Producers and service providers are liable for damage caused by defects, with provisions for joint liability, exemptions, and limitation periods .
⏳ Limitation Periods
The general limitation period for tort claims in Lithuania is 10 years from the date the injured party becomes aware of the damage and the identity of the person liable. However, specific statutes may prescribe shorter periods for certain types of claims .
🧒 Liability of Minors
Minors under the age of 14 are generally not liable for damage caused by their actions. For minors between 14 and 18, liability is assessed based on their ability to understand the consequences of their actions. In cases where parents have restricted parental authority, they may be held liable for damage caused by their minor children.
🏛️ Judicial System and Enforcement
Tort claims are adjudicated by general courts in Lithuania. The judicial system comprises district courts, regional courts, and the Supreme Court. Enforcement of judgments is managed by the State Enterprise Centre of Registers, which oversees the execution of court decisions, including the collection of damages awarded in tort cases.
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