Tort law at Estonia
In Estonia, tort law is primarily governed by the Law of Obligations Act (LOA), which is part of the General Part of the Civil Code Act. The LOA outlines the principles and regulations concerning civil liability arising from unlawful acts, including negligence, defamation, and product liability.
⚖️ Key Provisions of Tort Law in Estonia
1. Unlawful Causing of Damage
Under § 1043 of the LOA, a person is obligated to compensate for damage unlawfully caused to another. The act must be unlawful, and the person causing the damage must be at fault, either intentionally or through negligence. Exceptions to this liability are specified in §§ 1045–1055, which include cases involving self-defense, necessity, or lawful authority.
2. Liability for Dangerous Activities
Sections 1056–1060 impose strict liability for damage caused by activities that pose a significant risk to others. This includes:
Major Sources of Danger: Liability for damage caused by inherently dangerous activities or substances.
Motor Vehicles: Liability of the possessor of a motor vehicle for damage caused by its use.(riigiteataja.ee)
Dangerous Structures or Things: Liability of the owner of a dangerous structure or thing for damage caused by its condition.
Animals: Liability of the keeper of an animal for damage caused by the animal.
3. Product Liability
Section 1061 establishes the liability of producers for damage caused by defective products. The producer is liable for damage caused by a defect in their product that renders it unsafe. Defenses against this liability are outlined in § 1064.
4. Compensation for Damage
Extent of Compensation: § 127(1) states that the purpose of compensation is to place the aggrieved person in a situation as near as possible to that in which they would have been if the damaging event had not occurred.
Non-Pecuniary Damage: Compensation for non-pecuniary damage arising from non-performance of a contractual obligation may only be claimed if the purpose of the obligation was to pursue a non-pecuniary interest and, under the circumstances relating to entry into the contract or to the non-performance, the obligor was aware or should have been aware that non-performance could cause non-pecuniary damage. This is specified in § 134 of the LOA.
Reduction of Compensation: § 140 allows the court to reduce the amount of compensation if compensation in full would be grossly unfair with regard to the obligated person or not reasonably acceptable for any other reason.
5. Limitation Periods
General Limitation Period: According to § 150 of the General Part of the Civil Code Act, the limitation period for a claim arising from unlawfully caused damage is three years from the moment the entitled person became or should have become aware of the damage and the person obligated to compensate for the damage.
Maximum Limitation Period: Regardless of the provisions above, a claim arising from unlawfully caused damage expires not later than ten years after the performance of the act or occurrence of the event which caused the damage.
🏛 Judicial System
Estonia's judicial system handles tort cases through its civil courts. The Supreme Court of Estonia serves as the highest court, with lower courts including county courts and circuit courts. Cases involving tort law are typically initiated in county courts, with appeals proceeding to circuit courts and, if necessary, to the Supreme Court.
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