Advanced Search

Tort Law (1972:207)

Original Language Title: Skadeståndslag (1972:207)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Chapter 1. Introductory provisions



section 1 of this Act apply, provisions for damages announced

unless otherwise specifically prescribed or föranledes of agreement

or otherwise complies with rules on compensation

contractual relationships.



2 § With pure property damage is understood in this law such

economic damage arises not relating to any suffering

personal injury or property damage.



3 repealed by law (2001:732).



Chapter 2. Liability arising from tort



§ 1 The who deliberately or through negligence causing personal injury

or property damage shall compensate for the damage. Law (2001:732).



section 2 of the offences against property damage being caused to clean

replace the damage. Law (2001:732).



section 3 of The who seriously violates someone else through crimes

includes an attack on his person, freedom, peace, or

glory shall compensate for the damage that the violation is. Team

(2001:732).



section 4 of the cases referred to in paragraphs 1 to 3 are causing injury before he

has reached the age of eighteen years shall pay compensation to the extent that it is

reasonable, having regard to his age and development, document

nature, the present liability insurance and other

economic conditions and other circumstances. Team

(2001:732).



§ 5 The who, in the cases referred to in paragraphs 1 to 3 are causing injury during

the influence of a serious mental disturbance, or by any other

mental disorder who is not self-inflicted and temporary

shall compensate the damage in so far as is reasonable, taking into account

his State of mind, the nature of the document, the present

liability insurance and other economic conditions as well as other

circumstances. Law (2001:732).



section 6, For damage caused by failure to disclose offence

shall not be paid remuneration under this law solely on the

because the penalty for failure to follow according to Chapter 23.

first subparagraph of paragraph 6 of the Penal Code. Law (2001:732).



Chapter 3. Liability for another's negligence and for the

General



section 1 of The who have workers in their service to replace



1. personal injury or property damage being caused by the worker through

errors or omissions in the service,



2. clean the property damage being caused to the employee in the service

through crime, and



3. damage due to the worker violates someone else on

as indicated in Chapter 2. section 3 through fault or negligence in

the service.



In the case of liability of the State or a municipality applies

also what is said below in this chapter. What is there about a

municipality also applies to a County Council and a municipal Association. Team

(2001:732).



section 2 of the State or a municipality shall pay the



1. personal injury, property damage or damage of property, as

caused by errors or omissions in the exercise of official authority in the

activities for whose completion state or municipality is responsible,

and



2. injury due to someone else is violated as indicated in

Chapter 2. section 3 through error or negligence in such

the exercise of public authority. Law (2001:732).



section 3 of the State or a municipality to replace pure property damage

caused by a public administration through fault or negligence

provide false information or advice, if, having regard to

the circumstances are special reasons. In doing so, especially

taken into consideration the information or the nature, councils of their connection with

the Agency's area of activity and the circumstances when the

was submitted. Act (1998:715).



4 repealed by Act (1989:926).



section 5 of The parent who has custody of a child to replace



1. personal injury or property damage as a child causing by crime,

and



2. damage due to the child violates someone else on the way

as mentioned in Chapter 2. section 3.



Parent's responsibility in accordance with the first paragraph is for the each

claim limited to a fifth of the price base amount

According to Chapter 2. 6 and 7 of the social code which applies

for the year in which the adverse event occurred. Is the child during

custody of the two parents, the limit for them

in common.



If the amount referred to in the second subparagraph not enough full

the compensation of several who suffered injury due to

the injury event, compensation shall be reduced by the same fraction

for each of the injured. Law (2010:704).



section 6 of the compensation in accordance with paragraph 1 or 2 of the damage can be reduced, if

It is appropriate to take account of the present insurance policies or

insurance opportunities.



Compensation under section 5 may be reduced if it is manifestly unfair

that parent must pay damages with respect to the

the parent's relationship with the child or the specific measures

parents have taken to prevent the child commits

crime. Law (2010:703).



section 7 of the application for compensation in accordance with paragraph 2 may not be brought on the occasion

by decision of the Parliament or Government, or of the highest

Court or the Supreme Administrative Court, unless the decision

repealed or modified. Such an action may not be taken with

following the decision of the lower authority, which after

Appeal considered by the Government, the Supreme Court or

The Supreme Administrative Court, but that decision repealed or

been changed. Law (2010:1458).



§ 8 the provisions of this chapter do not apply in respect of such

damage in consequence of the traffic of motor vehicles caused by

the vehicle's driver, to the extent that compensation may be paid for trafikskade

the damage according to the traffic damage Act (1975:1410). Act (1975:1411).



§ 9 Liability in accordance with this chapter rests with the non-State

or municipality by reason of error or negligence in

pilotage.



section 10 actions for compensation in accordance with paragraph 2 in response to the judgment, or

decision of the Supreme Court, the Supreme Administrative Court,

Court of appeal or a General is brought in the Court

According to Chapter 2. section 2 or 3. section 3 of the code of judicial procedure is authorized

taking up where the specified target due to infringement of the judges at the

Court which delivered the judgment or decision. The same applies

in the case of an action pursuant to section 2 on the occasion of the decision

or measure of any referred to in that section of the law in

the code of judicial procedure. Such actions on the occasion of the decision of

the Parliament or the Government brought in the Supreme Court.

Law (2010:1458).



section 11 of the public prosecutor is under the conditions provided for in Chapter 22.

2 of the code of judicial procedure shall, in connection with

the prosecution prepare and carry out the plaintiff's action for such

damages referred to in paragraph 5. Law (2010:703).



Chapter 4. Employees ' liability



§ 1 for the damage, as workers are causing through error or

omissions in the service, he is liable only to the extent

exceptional circumstances with respect to a document

nature, the employee's position, the person

interest and other circumstances.



Chapter 5. Determination of damages



§ 1 the damages to the person who has inflicted bodily injury includes

compensation for



1. sjukvårdskostnad and other expenses of the injured party,

including reasonable compensation to those who are the

injured especially close,



2. loss of income,



3. physical and mental suffering of a transient nature (pain and

pain) or of a permanent nature (disfigurement or other permanent

but) as well as particular inconvenience as a result of the injury.



Compensation for loss of income equal to the difference between the

income that the victim would have been able to recover, if he

non had been damaged, and the income that he though the damage has

or should have attained or that he can be subject to

achieve by such work corresponding to his powers and

skills and that could reasonably be required of him with respect

to previous education and activities, retraining or other

similar action as well as age, length of residence conditions and thereby

comparable circumstances.



With income loss equated intrusion into business. With

the income equated the value of household work in the home. Team

(2001:732).



2 § Have personal injury resulted in death, the compensation paid

for



1. funeral expense and, reasonable, different cost

as a result of the death,



2. loss of maintenance,



3. injury sustained as a result of the death of someone who

was particularly close.



Compensation for loss of maintenance apply survivors

by law had the right to maintenance of the deceased or

otherwise depended on him for their livelihood, if

maintenance was removed at the time of death or if it can

It is assumed that maintenance would have come to rely on in the near

future thereafter. The loss will be replaced to the extent

reasonable in the light of the dependant's ability and

opportunities through own work or otherwise, otherwise

than by the benefit referred to in paragraph 3, itself contribute to their

supply. With maintenance are equated the value of the deceased's

housework at home. Law (2001:732).



section 3 in determining compensation for loss of earnings or

loss of maintenance be offset benefit that the injured

on the occasion of the loss are entitled to in the form of



1. benefits under the social security code, or any

other similar benefit,



2. pension or other periodic charge or sick pay,

If the benefit is paid by an employer or due to

insurance is a benefit of employment. Law (2010:1213).



4 § Compensation for future loss of earnings or loss of

maintenance fixed establishment in the form of an annuity or lump sum

or annuity plus the lump sum. Is the substitution of

essential for the victim's security, shall

the outgoing that annuity, on the other hand, if non-specific reasons.



Fixed annuity may, where appropriate, in whole or in part

be exchanged for a lump sum. (Law 1975:404).




§ 5, Since the question of compensation under section 1 or 2 have been determined,

Terminal by agreement or judgment, the issue of compensation be reconsidered,

If the conditions of this chapter was the basis for the

the compensation has changed significantly. Compensation has

established in the form of a lump sum may not, however, be reduced.



Amending the compensation annuity by reason of change

in monetary value, there are special provisions. Law (2001:732).



section 6 Damages by reason of violation is determined by what

is reasonable having regard to the nature of the document and the duration.

They will especially be taken into account if the document



1. had humiliating or disgraceful elements,



2. been likely to provoke serious fear for life or

health,



3. directed against someone with special difficulties to defend their

personal integrity,



4. involved abuse of a dependency or

relationship of trust, or



5. been capable of arousing public attention.



The one who is guilty of libel or such

criminal act or is otherwise liable for damages with

reason of such an offence may at the request of the violated in case

If the act according to the circumstances, be required to pay for

printing in one or more newspapers of the judgment in the case. Team

(2001:732).



section 7 of the Damages due to material damage cover replacement

for



1. the value or repair cost and depreciation,



2. other costs as a result of the injury,



3. income loss or interference with trade. (Law

1975:404).



Chapter 6. Common provisions



§ 1 the damages on account of personal injuries can be reduced, if the

injured himself deliberately or through gross negligence has

contributed to the damage. Compensation for drivers of power-driven

vehicles that have been guilty of drunk driving or grossly

drunk driving can also be adjusted, if the driver paying through

negligence has contributed to the damage. Have personal injury led

in death, the damages referred to in Chapter 5. section 2 also be adjusted,

If the deceased person intentionally contributed to the death.



Damages in respect of damage to property or pure

property damage may be adjusted if negligence on the victim's

page has contributed to the damage.



The adjustment of damages under the first or second subparagraph is made

According to what is reasonable given the degree of negligence on

both sides and the situation in General. Law (2001:732).



section 2 is the obligation to make reparation unfair burden with

account of the skadeståndsskyldiges economic conditions,

damages can be adjusted according to what is equitable, including

the victim's need for damages and other

circumstances shall be taken into account. (Law 1975:404).



3 § the right to compensation for physical and mental suffering

as well as for specific disadvantages fall away, if the injured party

dies before the demands on such compensation has been made.

The same applies to the right to compensation for violation. Team

(2001:732).



paragraph 4 Shall two or more pay the same damage, the

jointly and severally liable for the damages, to the extent not subject to

limitation of the liability imposed on any

of them (Law 1975:404).



for the purposes of section 5 of this act like establishment of workers



1. the serving under the Act (1994:1809) about

national service and other performing statutory

service,



2. during training at school or care in the institution

perform work which by its nature is similar to things that are usually

performed by workers,



3. a person who performs work on behalf of others otherwise under

circumstances similar to those that occur in

employment relationship. Act (1994:2065).



section 6, An injured party who has awarded damages for

violation shall not be ordered to pay the

skadeståndsskyldiges legal costs in a case where

damages as a result of the crime must be examined. However, this does not

If special reasons causing the other.



If there are special reasons for what is said in the first

the first sentence is also a claimant who has

awarded damages for physical and mental suffering or

for specific nuisances because of crime.



Way of derogation from the first and second paragraphs may

be made in respect of such costs as the victim has

caused by appearing in a manner referred to in chapter 18. 3

or section 6, or 31. section 4 of the code of judicial procedure. Law (2001:732).



Transitional provisions



1994:2065



This law shall enter into force on 1 July 1995. Older provisions

apply to the program prior to the entry into force adopted

to basic education under the Act (1980:1021) about military

basic training for women.



1995:24



This law shall enter into force on 1 July 1995. In the case of decisions

given by Försäkringsöverdomstolen before

entry into force applies to Chapter 3. paragraph 7 of its older version.



2000:126



This law shall enter into force on 1 May 2000. The new provision

shall, however, apply only in cases where the claim for damages

produced after the entry into force.



2010:1213



1. this law shall enter into force on 1 January 2011.



2. Older provisions apply to benefits relating to time

before the entry into force.