LAW OF OBLIGATION ACT, PART 10, CHAPTER 53, DIVISION 2

Division 2

Liability for damage caused by major source of danger 

  • 1056. Liability for damage caused by major source of danger

(1) If damage is caused resulting from danger characteristic to a thing constituting a major source of danger or from an extremely dangerous activity, the person who manages the source of danger shall be liable for causing of damage regardless of the person’s culpability. A person who manages a major source of danger shall be liable for causing the death of, bodily injury to or damage to the health of a victim, and for damaging a thing of the victim, unless otherwise provided by law.

(2) A thing or an activity is deemed to be a major source of danger if, due to its nature or to the substances or means used in connection with the thing or activity, major or frequent damage may arise therefrom even if it is handled or performed with due diligence by a specialist. If liability for causing damage by means of a source of danger is prescribed by law, any thing or activity similar to such source of danger is also deemed to be a source of danger, regardless of whether the person who manages the source of danger is culpable or not.

(3) The provisions of this Division do not preclude or restrict the right to make claims on any other legal basis, including claims for compensation of unlawfully and wrongfully caused damage.

  • 1057. Liability of possessor of motor vehicle

A direct possessor of a motor vehicle shall be liable for any damage caused upon the operation of the motor vehicle, unless:

1) the damage is caused to a thing being transported by the motor vehicle and which is not being worn or carried by a person in the vehicle;

2) the damage is caused to a thing deposited with the possessor of the motor vehicle;

3) the damage is caused by force majeure or by an intentional act on the part of the victim, unless the damage is caused upon the operation of aircraft;

4) the victim participates in the operation of the motor vehicle;

5) the victim is carried without charge and outside the economic activities of the carrier.

  • 1058. Liability of owner of dangerous structure or thing

(1) The owner of a structure shall be liable for damage caused as a result of particular danger arising from the structure due to the production, storage or transmission in the structure of energy, substances which are flammable, involve a radiation hazard or can cause combustion, or toxic, caustic or environmentally hazardous substances, and for damage caused as a result of particular danger arising from the structure for any other reason. The owner of a thing shall be liable for damage caused as a result of particular danger arising from the thing due to its flammable, radiation, combustible, toxic, caustic or environmentally hazardous characteristics, and for damage caused as a result of particular danger arising from the thing for any other reason.

(2) If a dangerous structure or thing is a potential cause of damage, it shall be presumed that the damage is caused as a result of particular danger arising from the structure or thing. This does not apply if the structure or thing is operated according to requirements and if the operation thereof is not disturbed.

(3) An owner shall not be liable on the basis of the provisions of subsection (1) of this section, if:

1) the damage is caused within the boundaries of a marked immovable in the possession of the owner of the dangerous structure;

2) the damage is caused by force majeure;

3) the victim participates in the operation of the dangerous structure or thing.

(4) If a dangerous structure or thing is operated according to requirements and the operation thereof is not disturbed, the owner of the structure or thing is not liable for damaging a thing of the victim in so far as the thing is not materially damaged or, if it is damaged, to an extent deemed to be normal considering the local circumstances.

(5) If it may be presumed that damage has been caused to the victim as a result of danger arising from a dangerous structure or thing, the victim has the right to demand that the owner of the structure or thing present information and documents in order to establish the owner of the structure or thing.

  • 1059. Liability for structure

The owner of the land under a structure or a person who owns another real right on the basis of which the structure is created, shall be liable for damage caused by the collapse of the structure and for damage caused by loosened and falling parts of the structure, icicles and so on, unless the owner proves that the damage is caused by force majeure or an act of the victim.

  • 1060. Liability of keeper of animal

The keeper of an animal shall be liable for damage caused by the animal.

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