Damage Compensation Act [Damages Act]

Original Language Title: Lov om skadeserstatning [skadeserstatningsloven]

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Law of the claims state [ claim state law ].

Date LAW-1969--06-13-26
Ministry of The Justis and the Department of Emergency
Last modified LO-2015 -05-12-29 from 01.01.2016, LAW-2015 -06-19-65 from 01.10.2015
Published ISBN 82-504-1198-6
Istrontrecation 01.07.1969
Changing
Announcement
Card title Injured law-skl.

Capital overview :

Lovens title modified by law 25 May 1973 # 26 (which added new cap 3).-Jf. former NL 3-21-1 and 2, strl.krl. Section 19 to 27.

Chapter 1. Responsibility in certain delicate conditions.

SECTION 1-1. (children's responsibility.)

Children and youth under 18-year duties to replace damage as they cause intentional or negligent, for as far as there is reasonable under consideration of age, development, expelled behavior, economic ability and conditions otherwise.

SECTION 1-2. (parent's responsibility m.v.)

1. Parents duties to replace damage caused by children and youth under the age of 18, if they have allowed the lack of proper supervision or otherwise have not done so that after conditions are reasonable to demand of them to prevent damage from injury.

2. Regardless of their own, parents respond to damage caused intentional or negligent of their children under the age of 18 that they are living with and have custody of, with up to 5,000 crowns for each individual damage.

0 Modified by laws 13 Feb 1976 # 1, 21 June 1985 # 81, 12 May 1995 # 21.
SECTION 1-3. (deranged responsibility m.v.)

1. The one who is insane, retarded, unconscious or is located in a similar disruption of the state of mind, duties to replace the damage he evolder for as far as there is reasonable under consideration for expelled behavior, economic ability and conditions otherwise. Was the pest self-inflicted in a transient state as mentioned, he has the responsibility that would otherwise follow of ordinary replacement rules.

0 Modified by law 21 June 1985 # 81.
SECTION 1-4. (liability for emergency actions.)

Claim duties to replace damage he legally has caused to avert threatening danger This still does not apply when the damage is caused by person or the object that the father threatened from, unless the pest leader himself is to blame for the father.

SECTION 1-5. (responsibility for animals)

1. Owner and holder of animals duties regardless of guilt from their side to replace damage as the animal evolments on person or on clothes or other common use while someone has them on them.

2. Owner and holder of dog or wild animals held in captivity, duties regardless of guilt from their side also to replace also the injury as the animal evolder.

3. Responsibility without blame for damage to person, clothes or use-listing as mentioned in No. 1, does not apply so far the damage is covered by an engine cradle traffic insurance. Responsibility without blame by no 2 does not apply to damage as dog evolder on another dog or motor wagon.

4. Skade as the voldes of animals and who do not go in under the provisions of responsibility without blame in the 1 to 3 above, duties owner and holder to replace if he has left the lack of proper supervision or otherwise has not done what is reasonable to demand for obstruction of damage.

5. The provisions of the paractment do not make any change in the shonest rules of responsibility for animals given in other law or the responsibility without blame as follows by ordinary replacement rules.

0 Added by law 21 June 1985 # 81.
SECTION 1-6. (liability for damage caused by corruption)

1. The one that has suffered damage as a result of corruption may require damages from the one that with intent or negligence responds to the corruption or for complicity to the corruption. Replacement can also be required from the responsible employer if the corruption has occurred in association with the execution of work or the employment of the employer, unless this one indicates that it has been hit all reasonable precautions to avoid corruption and responsibility also does not want to be reasonable after an overall assessment of the circumstances of the case. Lovens Section 2-1 # 2 and # 3, Section 2-2 and Section 2-3 apply accordingly.

2. Replacement shall cover the damage of the injured financial loss, jf. Chapter 3 and 4.

3. With corruption, behavior of behavior as mentioned in the Criminal Code Section 387 and 389. This applies without regard to whether anyone is guilty. Hear the supervisor or denennes employer at home in Norway also concerns whether the corruption occurs abroad or the damage occurs abroad.

0 Added by law 11 jan 2008 # 1 (ikr. 1 March 2008 ifg res. 11 jan 2008 No. 1 3), modified by law 19 June 2015 # 65 (ikr. 1 oct 2015).

Chapter 2. It will be released and other work-driven responsibility m.v.

SECTION 2-1. (employer's responsibility for working holder.)

1. The employer responds to damage that evoldes intentional or negligent during the work of employment or the employment of the employer, as consideration is taken to whether the claims of the claims may run to the business or service, are slighted. The responsibility does not include any damage caused by the employee of the working holder to be reckoned with after the species of the business or the case area and the character of the work or enlisted.

2. With the employer, here the public and any other like in or outside of erverlife has someone in their service.

3. With work holder, any person who does work or performs the work of employment, except for the positions of peer-elected in other enterprises. Equation of working holder is counted in public business, commanding and menidation under military service and others under imposed service cleaning for the public, as well as inmates, patients e.l. who participate in working activities in criminal detention facilities, in health institutions e.l.

4. About patient claims damages apply to the patient tax law.

0 Modified by laws 13 June 1997 No. 44 (ikr. 1 jan 1999 ifg. res. 17 July 1998 # 615), 15 June 2001 No. 53 (ikr. 1 jan 2003 for the public health service ifg. res. 20 des 2002 # 1623), 20 June 2003 # 45 (ikr. 1 July 2003 ifg res. 20 June 2003 # 712). Endres by law 12 aug 2016 # 77 (ikr. from the time the King decides).
SECTION 2-2. (pleting of the employer's liability.)

1. The employer's liability can be levees after Section 5-2.

2. Also, the responsibility can be levees if the damage depends on the ordinance of public authority and injured without any reasonable reason has left to attempt to change the ordinance.

0 Modified by laws 13 Feb 1976 # 1, 21 June 1985 # 81.
SECTION 2-3. (pleting of the employee's liability.)

1. The one that has been responsible for working holder after Section 2-1 may require coverage of him for as far as there is reasonable under consideration for expelled behavior, economic ability, the employee's position and conditions for the otherwise.

2. Workers ' responsibility of the scathing can be levees when compared to the number 1 makes it affordable, and there is also justifiable under consideration of the skundad. Working stakes that themselves replace the damage may require back what the employer should bear after No. 1.

3. Rule of the No. 1 1 applies to the equivalent of if employer makes claims current against work holder that in his service has inflicted on him injury.

Chapter 3. Replacement for damage to person, for other personal infringement and for loss of providers.

0 Added as new cap. 3 by law 25 May 1973 # 26.
SECTION 3-1. (damages for damage to person.)

Replacement for damage to person should cover lidt damage, loss in future cerstice and expenses as the personal injury is believed to inflict damage in the future.

Replacement for loss in income and future of the future is determined special and under consideration of the damage to income by employment as with equitable can be expected by him on the background of his abilities, education, practices, age and opportunities for reeducation. With income equal to the value of work in the heimen.

At the replacement measurement, deductions are made for wages under disease and similar benefits, Social Security benefits, benefits from pension arrangement in working conditions or profession and for insurance charges in the extent that the replacement responsible has paid the prize. Further, consideration of insurance charges that do not go in under the preceding period to other significantly financially support that skit has been given or is going to get as a result of the damage and to the conditions otherwise.

Has skundended on the damage time not filled 16 years, the replacement is measured for loss in the future of the future of Section 3-2a.

0 Modified by laws 13 Feb 1976 # 1, 21 June 1985 # 81, 18 des 1987 # 96. Endres at law 18 des 2015 No. 124 (ikr. from the time the King decides).
SECTION 3-2. (mendate.)

Has injured sustained lasting and significant damage of medical species, answer's special mentor. This replacement is determined under consideration of the menets of medical species and size and its importance for the personal life-of-life population. Forecasts of shortened lifespan as a result of the responsible event should not be placed on the determining of the replacement of the replacement. The provisions of Section 3-1 third clauses apply to the equivalent of as far as the performance can be deemed to provide compensation for the menet.

Has skundended on the damage time not filled 16 years, the mendage of the Section is measured after Section 3-2a.

0 Changed by laws 18 des 1987 number 96, 12 May 2015 # 29 (in force 1 jan 2016 ifg. res. 12 May 2015 # 468). Endres at law 18 des 2015 No. 1 124 (ikr. from the time the King decides).
Section 3-2a. (standardised damages to children)

Has skundended on the damage time not filled 16 years, totes damages for losses in the future of the future of the future of the future of the future of the provisions of the paractment here.

At 100 pst durable medical disability is given a one-time replacement of 40 G ; if the court of honest reasons determines the replacement of the term, jf Section 3-9, the annual substitute is to be 3.5 G. Is skundites lasting medical incomes lower than 100 pst, decreases the replacement after first and second period relationship-wise. It is not given compensation by lower disability degree than 15 pst.

By determining the replacement of the replacement after other clause, deductions for insurance charges in the extent that the replacement responsible has paid the prize.

Had skundended for the past two years before the damage an average working income of 5 G or more, the amounts of other clause can be elevated in the scope of the scope of the scope.

With the G, the census of the Medicaid, jf census law Section 1-4.

The king can provide regulations for the execution and padding of the rules in the paragrafen here.

0 Added by law 18 des 1987 number 96, modified by law 28 feb 1997 # 19 (ikr. 1 May 1997). Endres at law 18 des 2015 No. 1 124 (ikr. from the time the King decides).
SECTION 3-3. (replacement for certain personal infringement m.m.)

The provisions of Section 3-1 and 3-2 apply accordingly to substitute for infringement or misbehavior as mentioned in the Criminal Code Section 222, 251, 259, 266, 268 first clause, 296, 296, 299, 299, 304, 313, 313, 314, 313, 327, 327 or 330. Section 3-2a uses not.

0 Changed by laws 18 des 1987 number 96, 22 May 1992 # 49, 1 July 1994 # 50 (ikr. 1 jan 1995), 11 aug 2000 # 76, 19 June 2015 # 65 (ikr. 1 oct 2015). Endres at law 18 des 2015 No. 1 124 (ikr. from the time the King decides).
SECTION 3-4. (replacement for a person's death.)

Replacement for loss of providers at death is the one or the aftermath of the deceased by the death entirely or partially foresaw. Replacement may after conditions attributed to the death of the deceased not by the death of the death, provided that this one in the near future could be retaken to the forecading.

Replacement for the loss of providers is determined under consideration of the extent of the settlement and the aftermath of the aftermath of self-contributing to its foraging. The replacement is determined specifically for each replacement entitled. The provisions of Section 3-1 other ledards last period and third joints apply accordingly.

Replacement for deaths should further cover regular expenses for the burial, and for as far as there is reasonable, other expenses on the occasion of the death. The provisions of Section 3-1 third ledards first period apply accordingly.

SECTION 3-5. (damages (satisfaction) for damage of not economic species.

The one that intentional or aggravated suit has

a) -caused damage to person or
b) added infringement or expelled misbehavior as mentioned in Section 3-3,

could-regardless of the performance of the performance of the Section 3-2 or standardised replacement after Section 3-2a-on-set to pay the insulted such one-time sum as the court finds affordable for damages (satisfaction) for the volupted tort and pain and for other infringement or damage of non-economic species By invasion or misbehavior as mentioned in the Criminal Code Section 299 or 302, it shall at the release of satisfaction especially placed emphasis on the action of the action, how long the relationship has been going on, whether the action is an abuse of relative relations, custody relationships, dependency relationships or trusting relationships, and whether the action is committed on a particularly painful or offensive way.

The act of which intentional or aggravated tactic has caused someone else's death, can be placed to pay off deceased spouse, roomie, children or parents such satisfaction as mentioned in the first clause.

0 Changed by laws 18 des 1987 number 96, 22 May 1992 # 49, 1 July 1994 # 50 (ikr. 1 jan 1995), 11 aug 2000 # 76, 19 June 2015 # 65 (ikr. 1 oct 2015).
SECTION 3-6. (replacement for the invasion of privacy)

The one who has violated privacy, shall, if he has expelled negligence or the terms of punishment are met, the amount of compensation for the lided injury and such damages for the loss in future erstice as the court under consideration for the expelled guilt and conditions otherwise find reasonable. He can also be placed to pay such compensation (satisfaction) for damage of non-economic species that the court finds reasonable. In judgment that goes out on punishment, the court could impose convictions to pay to the insult an amount to the announcement of the verdict.

The responsibility of the first clause does not include the one who has only participated in technical representation or the messaging of the yuling.

Are some who have acted in the service of an owner or publisher of a mass media responsible after the first clause, also bookers the owner or publisher for the replacement. The same goes for satisfaction, unless the court of honest reasons fritar them. The owner or publisher can also be placed as further satisfaction as the court in relation to them finds reasonable.

0 Modified by laws 13 June 1980 # 36, 19 June 2015 # 65 (ikr. 1 oct 2015).
Section 3-6 a. (replacement for defamation)

The one that negligent has put forward a yelp that is suitable for violating someone else's honor or reputation, shall be the replacement of the lided injury and such damages for loss in future erstice as the court out from the unviewed guilt and conditions otherwise find affordable. He can also be placed to pay such compensation (satisfaction) for damage of non-economic species that the court finds reasonable. If the aggrieved died less than 15 years before the offence after the first clause took place, claims for satisfaction can be put forward by his closest.

A defa-offensive yelp does not entail any liability after the first clause if it is deemed justified after a vevining of the reasons for reasons of freedom of speech. By this assessment, it shall especially be placed emphasis on whether the yardring rests on a county-based actual basis, on the degree of infringement, and if the envision of the unmet is satisfying well-being attended by for example, admission to imet drawing room, if Public interests or other good reasons attributed to the fact that it was put forward, and whether the yarer has been in the suit as good faith with respect to those of the moments that can make the yuck justified.

The rules of Section 3-6 different and third joints apply accordingly.

0 Added by law 19 June 2015 # 65 (ikr. 1 oct 2015).
SECTION 3-7. (regress for Social Security benefits, pension charges, insurance charges and wages under disease o l)

1. Trygve or a pension device may not require regress with the person responsible for Social Security or pension funds and liability due to the damage, unless this one is volt intentional by the replacement responsible self. Personpest insurance applies the same to the insurance company's regress against the responsible one. The Repressor Court applies only to the extent of the extent of the span of the damage of the pest claim to the injured (jf Section 3-1 third clause).

2. The employer may require regress for wages under disease or similar benefits, so far third-person is the replacement manager after otherwise current replacement rules. The Repressor Court does not include benefits that the employer can claim covered by Social Security.

3. By insurance that an employer has drawn for an employee, the company may be able to maintain the right to the regress against the responsible claim of violence.

0 Modified by law 21 June 1985 # 81.
SECTION 3-8. (admission to new case)

An ended settlement of mentorship or damages for loss in future-office spending or expenses may be required for new treatment if a deterioration of the damage is due to the settlement of the settlement, and it is clear probability overweight that this will give the right to an significantly higher replacement.

0 Raised by law 21 June 1985 # 81, added again by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3.
SECTION 3-9. (one-time substitution or terminus amount)

Replacement for personal injury and loss of providers is determined to a one-time sum, unless the court of honest reasons finds to determine the replacement completely or partly to the term amounts. By determining menage, forecasts are considered to be shortened lifespan as a result of the responsible event not as a particularly reason after the first period. For the payment of the term, the replacement supervisor may be placed to silence security. When there is reason for it, the courthouse can in the court of the court where the skundag has common verneying, following the petition of a party by ruling entirely or partially repurpose the term of one-time substitution.

0 Modified by laws 14 des 2001 # 98 (ikr. 1 jan 2002 ifg. res. 14 des 2001 # 1416), 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 12 May 2015 # 29 (ikr. 1 jan 2016 ifg. res. 12 May 2015 # 468).
SECTION 3-10. (raw constraint m.m.)

Replacement requirements after this chapter may not be overdragged or mortgage as long as the claim is not approved or judicial-made. The court can still consent in the transfer of such claims claims after the claim has occurred. Claims for damages after Section 3-2 or uptake after Section 3-5 or Section 3-6 cannot be transferred at heritage, as long as it has not been approved or made current at lawsuits, or it has been reported to Norwegian Patient damages after patient tax law Section 9.

When the very honest reasons are present, the court can limit the raw power over an approved or known replacement amount. The rules of law on the foraging of the forage of 3-9 other to the fourth clause are given to the use of the case, but so that also the court in communications with the provision of raw materials can hit further determination on the management of the funds.

Decision after this paragraph is met by the ruling court of the court in the court of the court where injured has its common question brought in for the judgmental right or the Patient Commission to decision in communications with the decision by The replacement claim or by ruling ahead of this.

0 Modified by laws 13 June 1975 # 37, 13 Feb 1976 # 1, 8 June 1984 # 60, 14 des 2001 # 98 (ikr. 1 jan 2002 ifg. res. 14 des 2001 # 1416), 15 June 2001 # 53 (ikr. for the public health service from 1 jan 2003 ifg. res. 20 des 2002 # 1623) who changed by law 14 des 2001 # 98, 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3.

Chapter 4. Replacement for the tinginjury and other formatdamage.

0 Kapitlet changed by law 21 June 1985 # 81.
SECTION 4-1. (replacement measurement)

Replacement for the tinginjury and other formaldamage should cover the damage of the damaged financial loss.

0 Added by law 21 June 1985 # 81.
SECTION 4-2. (claim the job's position when the damage is covered by insurance)

1. In the extent it is on the clean that an injury can be required covered by insurance for the tinginjury or other formatdamage, the skundad can only make current its claims against the responsible pest damage if the damage is volt :

a) by intent or gross negligence of the responsible self, or
b) in his profession, the verlife business or thus equal business.

2. If the pest charge has paid damages in greater extent than he duties after the paractment here, he may demand the excess from the person insurance company in the scope of damage is covered by the insurance.

0 Added by law 21 June 1985 # 81.
SECTION 4-3. (insurance company regress for paid damages)

In the extent that the company by insurance for the tinginjury or other formatdamage has paid damages to the tax cut, it may require regress with the responsible pest damage that so far injured could have claimed damages at the pest age after Section 4-2.

0 Added by law 21 June 1985 # 81.
SECTION 4-4. (special rules about expanded access to go on the pest and if extended regress)

1. The restrictions of the skundites requirements and insurance company regress in Section 4-2 jf Section 4-3 do not apply at :

a) transport, sea and air traffic insurance when the damage is volt in nutritional business
b) by credit insurance and warranty insurance.

2. On traffic insurance, insurers can claim regress after car liability lova Section 8, 12 and 13 without regard to the rules of Section 4-3.

0 Added by law 21 June 1985 # 81.

Chapter 5. Almemorial regulations

0 Added by law 21 June 1985 # 81.
SECTION 5-1. (the skit of the skit's complicity)

1. If the direct tax or replacement applicant has co-worked until the injury of its own, the replacement may be set down or fall away for as far as one takes into account behavior, and its significance for the damage occurred, the scope of the damage and conditions otherwise. This still does not apply if injured on the damage time had not been filled 10 years.

2. As an accessory, it is also when the direct tax or replacement applicant has allowed to be in reasonable extent to remove or decrease the risk of damage or by ability to limit the damage.

3. The rules of the No. 1 and 2 apply accordingly to the involvement of other people or relationships as the direct tax or replacement applicant in this context of the booklet.

0 Added by law 21 June 1985 # 81, modified by law 18 des 1987 number 96.
SECTION 5-2. (pleting of replacement liability)

Replacement responsibility can be levees when the court under consideration to its size, the liability of the liability, the foregoing insurance and insurance opportunities, guilt conditions and conditions otherwise find that the responsibility seems unreasonable to the responsible. The same applies when it in the shonest case is reasonable that the injured hero or partly carries the damage.

0 Added by law 21 June 1985 # 81.
SECTION 5-3. (damage caused by several)

1. More like duties to pay damages for the same injury, answer one for all and all for one. The same goes for it as duties to pay up for the same injury.

2. In what extent the person who has paid compensation or uptake can claim the current against other responsible, is decided under consideration of the responsible and conditions otherwise.

0 Added by law 21 June 1985 # 81.
SECTION 5-4. (the damage requirement is covered in front of regression requirements)

Resettlement requirements cannot be made current to the predation of the replacement entitlements or his post-latertes requirements on damages or uptake for the same injury.

0 Added by law 21 June 1985 # 81.
SECTION 5-5. (the relationship of other legislation m v)

The rules of the law here do not apply to the extent that other follows by the legislature or by international conventions that Norway is bound by.

0 Added by law 21 June 1985 # 81.

Chapter 6. Ipowertrecation. The rise and change of other laws.

0 Modified by laws 25 May 1973 # 26 (time. kabp. 4 changed to the cap. 5), 21 June 1985 # 81 (time. The cap 5 changed to the cap 6).
SECTION 6-1. (Commencement.)

The law takes effect from the time the King decides. 1

1 From 1 July 1969 ifg. res. 13 June 1969.
SECTION 6-2. (uptake and change of other laws.)

From the point of time the law takes effect, the following changes to the legislation otherwise :---