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Personal Injury Law

Original Language Title: Vahingonkorvauslaki

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Damage compensation law

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In accordance with the decision of the Parliament:

CHAPTER 1

Scope of law

ARTICLE 1

The provisions of this law shall apply to the replacement of the injury. However, unless otherwise provided in this or other law, this law shall not apply to any liability under contract or otherwise provided for by law.

CHAPTER 2

Liability for damages caused by injury

ARTICLE 1

Each intentionally or negligent infliction of injury shall be required to replace it, subject to the provisions of this Act.

The compensation may be settled if the liability for compensation is considered unduly impregnated, taking into account the material and other circumstances of the injured party and the injured party. However, if the damage has been committed intentionally, the full compensation shall be reprehensible, unless a reasonable reduction in compensation is envisaged for specific reasons.

ARTICLE 2

If the damage has been caused by a younger age than 18 years, he shall be obliged to pay the amount which, in the circumstances of his age and development, the quality of the act, the person causing the damage and the damage to the property and other circumstances, Considered reasonable.

ARTICLE 3

A mentally ill, mentally impaired or disturbed person shall be required to pay compensation for the damage he has caused to the quality of his condition, the quality of the act, the injured party's and the damage to the property, and to other circumstances. Considered reasonable. However, the temporary disturbance of the soul, to which the cause of injury has brought itself, must not be regarded as a reduction in liability.

CHAPTER 3

Liability of the employer and the public body

ARTICLE 1

The employer shall be obliged to pay compensation for the damage caused by his or her negligence or negligence at work. The employer is also considered to be the person who gives the task to an independent entrepreneur who, taking into account the permanence of the mandate, the quality of the work and other circumstances must be treated as a worker.

Paragraph 1 (1) refers to the employer, the State, the municipality and other public bodies or bodies, where the damage has been caused by an employee of a public body or of a post or of a comparable service to the Community. An error or negligence on the part of a person not to be regarded as a public authority.

If, at the request of a public authority or at the request of another person, he/she carries out a specific function under the law or in circumstances comparable to the employment relationship, without being an independent entrepreneur, in the performance of his/her duties, The damage is caused by its negligence, the person whose behalf is subject to the obligation to make good the damage. If a student in an educational institution causes a defect or negligence in the work related to the teaching or treatment-related work, the person on whose behalf the work is carried out shall also: To replace the damage. (13.12.1991/1423)

ARTICLE 2

The public entity shall be obliged to replace the public authority with the damage caused by an error or negligence. The same liability shall be borne by the other entity which, on the basis of the law, regulation or the law of the law, carries out a public task.

However, the responsibility of the Community as provided for in paragraph 1 shall be limited to the failure to comply with the quality and purpose of the operation or mission.

ARTICLE 3 (17.11.1978/857)

Paragraph 3 has been repealed by L 17.11.1978/857 .

§ 4

If, as a result of an incorrect decision by a State or a public authority, the injured party has failed to lodge an appeal, he or she shall not be entitled to compensation from the State or the municipality for the damage he/she would have Could be avoided.

§ 5

The compensation for the damage caused by the decision of the State Council, the Ministry, the Office of the State Council, the Court of Justice or the Judge may not be raised unless the decision has been amended or revoked, or if the failure to find fault has been found guilty For a virus or an obligation to pay damages. Since the decision of the Administrative Authority has been appealed against by the State Council, the Supreme Administrative Court or the Court of Appeal, the compensation for the damage caused by the decision shall not be brought to the attention of the Court in so far as the decision is lodged.

ARTICLE 6

If the liability under this Chapter is apparently considered to be disproportionate, or if the extent of the damage and other circumstances in the light of other circumstances are of particular interest, the compensation may be adjusted.

§ 7 (3.12.2010/1051)

Paragraph 7 has been repealed by L 3.12.2010/1051 .

CHAPTER 4

Liability of the employee and the official

ARTICLE 1

In the case of damage caused by his or her failure or negligence in his work, he or she shall be required to reimburse a quantity which is considered reasonable by taking into account the extent of the damage, the nature of the act, the status of the injured party, the need for the injured party And other conditions. If there is only a slight negligence on the part of the employee, the damages should not be condemned. The law is the same if the damage is caused by an independent entrepreneur within the meaning of Article 1 (1) of Chapter 3. If a student in an educational establishment causes injury in the field of teaching, he shall be liable for damage according to the criteria laid down in this section. The same applies to the treatment of the injury caused by the treatment in the care institution or to compensation for the damage caused by a prisoner in prison. (13.12.1991/1423)

If the damage has been committed intentionally, the full compensation shall be reprehensible, unless a reasonable reduction in compensation is envisaged for specific reasons.

In the course of the worker's work, the compensation for the damage caused to the employer is determined separately. (13.12.1991/1423)

ARTICLE 2

The official shall be responsible for the damage he has caused by error or omission in accordance with the criteria set out in Article 1 of this Chapter. (13.12.1991/1423)

The law on obligations (452/50) , the person employed by the State shall have the same responsibility as the official. In the event of damage or loss of property for the personal use of a soldier and a civilian servant, which is not shown to have taken place in a service, the provisions of Chapter 2 shall apply to the compensation to the State. (23.3.1979/373)

Under military criminal code, a person responsible for the safety of a ship or aircraft operated by the State shall not be obliged to pay the State any ship carrying or directing the injurious situation of the vessel, unless he/she is In the event of a criminal offence, or if he or she is not punished or sentenced to disciplinary action or to a fine. (13.12.1991/1423)

The criteria laid down in Article 1 shall apply to the substitution of the damage caused by a public body of confidence in the act of confidence. They shall also be applied if any other person, without a service provided for in this Chapter, within the meaning of Chapter 3, to the Community referred to in Chapter 3, is responsible for the exercise of the public authority. (13.12.1991/1423)

Accountability L 452/1950 Has been repealed by the Military Duc 148/2007 .

ARTICLE 3 (13.12.1991/1423)

The liability referred to in this Chapter may be imposed on the person responsible, pursuant to Chapter 3, for the damage to the injured party, pursuant to Chapter 3 and Section 2 of Chapter 6, but only those provided for in Article 1 of this Chapter. Criteria.

CHAPTER 5

Replacement injury

ARTICLE 1 (16.6.2004)

The compensation shall include compensation for damage to persons and objects, and under the conditions laid down in Articles 4a and 6. When the damage has been caused by an adjustable act or in the exercise of public authority, or when there are very compelling reasons in other cases, the compensation shall also include compensation for any financial loss which is not: In the case of damage to persons or objects.

ARTICLE 2 (16.6.2004)

The injured person shall be entitled to compensation:

(1) the necessary medical costs and other necessary costs;

2) loss of earnings;

(3) pain and suffering and other temporary drawbacks;

4) a permanent disadvantage.

§ 2a. (16.6.2004)

The loss of earnings shall be compensated by an assessment of the merits of the loss suffered by the injured party without the accident. This shall be deducted from the income which, in spite of the injury event, has been or could have been obtained, or is expected to receive in the future, taking into account his capacity for work, training, previous activities, Their ability to retrain, their age, housing conditions and other factors comparable to these.

§ 2b (16.6.2004)

If, in the event of personal injury, the loss of his or her ability to work was not completed in the event of loss of 18 years, the earned income which he would have received without any damage occurred shall be assessed by taking into account his personal qualities as well as the training - And their professional plans. Unless otherwise indicated, the amount of income shall be considered as:

(1) the amount of 18 years completed in the case of the injured party, which corresponds to the average income tax payable by persons aged 18 to 22 in Finland;

(2) the total number of 23 years of income suffered by the injured party, corresponding to the average income of full-time employees aged 23 to 34 who are resident in Finland;

(3) the total number of 35-year-olds who have suffered damage equivalent to the average income of full-time employees aged 35 to 64 in Finland;

(4) the amount of the old-age pension, which was completed 65 years after the date on which the pension was completed; (185/1961) Has been entitled on the basis of the income earned under paragraphs 1 to 3.

The amounts of the earnings referred to in paragraph 1 (1) to (3) shall be fixed annually by the State Council Regulation.

Pension pension for employees. 295/1961 Has been repealed by the Employee Pension L 395/2006 . See also VNa determining the amount of earnings suffered at the age of 18 years of age 1115/2015 .

Article 2c (16.6.2004)

Compensation shall be provided for pain and suffering and for other temporary disadvantages, taking into account, in particular, the quality and severity of personal injury, the quality and duration of the treatment required for it and the duration of the harm.

The permanent disadvantage is compensated by the quality and severity of the personal injury and the age of the injured party. The increase in compensation may also be taken into account for the specific deterioration of the quality of life suffered by the injured person.

Article 2d (16.6.2004)

For special reasons, the injured parents, children and the spouse, as well as any other person who has suffered such a personal injury, shall have the right to reimbursement of the costs necessary to obtain reasonable compensation; and The loss of earnings resulting from the personal injury suffered by them. The same shall apply to compensation for other damage caused if they are likely to contribute to the recovery or rehabilitation of the injured person. The compensation shall be paid up to the maximum period until the health status of the injured party has stabilised.

ARTICLE 3 (16.6.2004)

Anyone who has taken care of the burial of the deceased is entitled to a reasonable compensation for the costs incurred. In addition, the parents, children and spouses who have been killed, and other particularly close relatives who have been killed, are entitled to a reasonable compensation for the costs associated with the burial they suffered.

§ 4 (16.6.2004)

If the debtor or other person who took care of the maintenance of the other person has been killed, the creditor who is entitled to maintenance or maintenance, or who has otherwise died, is entitled to compensation for the loss of maintenance.

The loss of maintenance shall be compensated by reference to the extent to which the compensation was likely to have been obtained from the deceased and which, according to the fairness of the claim, needs to be supported, having regard to his Self-maintenance through gainful employment and other circumstances.

There is a special reason for equating the value of domestic work.

§ 4a (29.1.1999/61)

The parents, children and the spouse who have been killed, and other particularly close relatives who have been killed, shall be entitled to compensation for the suffering caused by the death, if the death has been committed intentionally. Or gross negligence and reparation of compensation shall be considered reasonable, taking into account the proximity of the relationship between the deceased and the claim, the nature of the act and other circumstances.

Paragraph 2 has been repealed by L 16.6.2004/509 .

§ 4b (16.6.2004)

If death has been caused intentionally or through gross negligence, the parents, children and the spouse and other particularly close relatives who have been killed are entitled to compensation The necessary medical costs and other necessary costs, as well as the loss of earnings resulting from personal injury resulting from the death.

§ 5

The injury shall be compensated by the repair costs of the article and any other costs incurred and the depreciation of the item, or the value of the destroyed or lost object and, in addition, the reduction in income or maintenance.

ARTICLE 6 (16.6.2004)

The right to compensation for the suffering caused by the infringement is:

(1) whose freedom, peace, honour or private life shall be punishable by a criminal offence;

(2) which is subject to criminal discrimination;

(3) the personal integrity of which has been committed intentionally or by serious negligence;

(4) whose dignity, on purpose or gross negligence, has been seriously infringed in a manner comparable to those referred to in paragraphs 1 to 3.

The compensation shall be determined on the basis of the suffering of which the offence is liable, having regard in particular to the nature of the infringement, the status of the injured party, the relationship between the infringer and the infringed, and the publicity of the infringement.

§ 7 (16.6.2004)

In the case of personal injury, compensation for loss of earnings or loss of maintenance shall be payable in the form of repeated performance. However, the compensation may be imposed in whole or in part as a lump sum if it is necessary, taking into account the property conditions of the compensation, in order to safeguard the compensation claim suffered or if it is due to the amount of the compensation. Appropriate.

A lump sum payment shall be made for pain and suffering and for any other temporary or permanent disadvantage. However, compensation for a permanent disadvantage may be imposed in whole or in part in repeated cases, where appropriate, taking into account the circumstances of the injured party, the amount of compensation and the financial conditions for compensation.

Suffering is a lump sum payment.

§ 8 (16.6.2004)

Where the circumstances justifying the imposition of compensation on the basis of paragraphs 2, 2 (d), 4 or 4b have materially changed after the compensation has been fixed or agreed, the amount of the compensation or the way in which it is paid may be Change. However, the lump sum shall not be reduced under this section.

For special reasons, the change in compensation for repayable payments may be imposed retrospectively, not earlier than the result of an application for a change in compensation.

CHAPTER 6

Sharing of liability

ARTICLE 1

If the injured party has contributed to the injury or if any other aspect of the damage caused by the damage has also been the cause of the injury, the damages may be adjusted accordingly.

ARTICLE 2

When the damage is caused by two or more or they are obliged to replace the same damage, they are jointly and severally liable. However, the person who has not been sentenced to pay full compensation shall be responsible only for the amount of the sentenced person and the person responsible, on the basis of the criteria laid down in Article 1 (1) of Chapter 4, only on the amount which cannot be sustained in accordance with Chapter 3 The responsibility assumed.

ARTICLE 3

In the case of compensation payments, the amount of the compensation shall be allocated according to the amount considered reasonable, taking into account the amount of the blame for each liability, the benefit of the injury event, and other factors.

Anyone who has paid compensation for damages is entitled to any other compensation from each other, which he has paid for that. If any person liable for compensation is apparently insolvent, or if his or her residence is unknown, each of the other liable parties shall pay its share of the shortfall.

CHAPTER 7

Miscellareous provisions

ARTICLE 1

The condition of the contract of employment or of any other contract, as well as the provision of a code or other equivalent provision to add to the liability of an employee or an official in accordance with this law shall be null and void.

ARTICLE 2 (15.8.2003/733)

§ 2 has been repealed by L 15.8.2003/733 .

ARTICLE 3 (16.6.2004)

The right to compensation for pain and suffering and for other temporary disadvantages, permanent damage and suffering shall lapse if the injured person dies before the claim is made.

§ 4 (13.03.2009)

Paragraph 4 has been repealed by L 13.3.2009 .

§ 5 (13.12.1991/1423)

In the case of an action for compensation referred to in Chapters 3 or 4 of this Act, the person whose liability for the damage is determined by the provisions of the said figures, but which has not been challenged for the case, shall provide an opportunity to be heard.

This Act shall enter into force on 1 September 1974. It repeals Chapter 9 of the Criminal Code And of the military forces of 30 May 1919 Article 47 of the Penal Code (2) and (5), as set out in the Law of 10 March 1944 (155/44) And Article 49.

Where the law or regulation has referred to a provision which has become a provision of this law, the latter shall apply.

Before the date of entry into force of this Act, an earlier law shall apply.

Entry into force and application of amending acts:

17.11.197857:
23.3.1979/373:

This Act shall enter into force on 1 May 1979. It repeals the military forces of 30 May 1919 Article 48 of the Criminal Code , as amended by the laws of 10 March 1944 and 31 May 1974 (155/44 and 412/74). Before the date of entry into force of this Act, an earlier law shall apply.

13.12.1991/1423:

This Act shall enter into force on 1 January 1992.

Before the date of entry into force of this Act, an earlier law shall apply. However, such damage may also be claimed by the public authorities in accordance with Article 4 (2) of Chapter 7 of this Law.

HE 151/91, Ivhms. 5/91

29.1.1999/61:

This Act shall enter into force on 1 February 1999.

This law shall not apply to compensation for damage caused by a deed before the law enters into force.

THEY 116/1998 , LaVM 13/1998, EV 164/1998

15.8.2003/733:

This Act shall enter into force on 1 January 2004.

The right to compensation, born before the entry into force of the law, becomes obsolete, as is the case law (728/2003) Paragraph 3 provides.

THEY 187/2002 , No 278/2002,

16.6.2004:

This Act shall enter into force on 1 January 2006.

This law shall apply to compensation for damage caused by an act or omission committed after the entry into force of the law. However, Article 8 of Chapter 5 shall also apply to compensation based on damage caused by an act or omission committed before the entry into force of the law.

THEY 167/2003 , LaVM 1/2004, EV 60/2004

13.3.2009/14:

This Act shall enter into force on 1 September 2009.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 70/2008 , LaVM 16/2008, EV 5/2009

3.12.2010/1051:

This Act shall enter into force on 1 January 2011.

Before the law enters into force, action can be taken to enforce the law.

THEY 214/2010 , LiVM 18/2010, EV 211/2010