Deliktivastuu

Deliktivastuu refers to the principle of legal liability in Finnish law, derived from the Latin term *delictum*, meaning a wrongful act or tort. It governs civil responsibility for harm caused by intentional or negligent actions, distinguishing it from contractual obligations (contractual liability). Under Finnish law, deliktivastuu is primarily regulated by the Tort Liability Act (*Vastuu lainsäädännöstä*), which outlines the conditions for claiming compensation for damages resulting from wrongful acts.

To establish deliktivastuu, the injured party must prove four key elements: the existence of a wrongful act, fault (intent or negligence) on the part of the wrongdoer, causation between the act and the harm, and actual damage suffered. Unlike contractual liability, deliktivastuu applies even in the absence of a pre-existing agreement between the parties. It covers a broad range of scenarios, including accidents, medical malpractice, and intentional harm, though certain exceptions and limitations may apply, such as statutory exemptions or contributory negligence.

The scope of deliktivastuu extends to both physical and non-physical damages, including emotional distress, provided they are proven to be a direct consequence of the wrongful act. Compensation may include reimbursement for medical expenses, lost wages, and other financial losses, as well as punitive damages in cases of gross negligence or intentional misconduct. Courts assess liability based on the principles of fairness and proportionality, ensuring that the wrongdoer bears a reasonable share of the burden.

Deliktivastuu plays a crucial role in Finnish civil justice, providing a framework for resolving disputes arising from unintended harm. It complements other areas of law, such as property law and criminal law, by offering remedies for civil wrongs that do not necessarily constitute criminal offenses. The principle reflects broader legal ideals of accountability and restitution, ensuring that victims receive fair compensation while maintaining a balance with the rights of the accused.