Kahjuõigus

Kahjuõigus is the Estonian term for tort law. It deals with civil wrongs that cause harm or loss to another person. Unlike criminal law, which concerns offenses against the state, kahjuõigus focuses on disputes between private parties. The primary goal of kahjuõigus is to provide remedies to the injured party, typically in the form of monetary compensation for damages suffered.

The fundamental principle underpinning kahjuõigus is that a person who causes harm to another through their fault or negligence should be held responsible for that harm. This responsibility arises from a breach of a legal duty. Such duties can stem from statutory provisions or from general principles of care that society expects individuals to exercise.

Common examples of situations that fall under kahjuõigus include personal injury accidents, such as those caused by traffic collisions or slip-and-fall incidents, as well as damage to property, defamation, and product liability. The injured party, known as the plaintiff, must typically prove that the defendant owed them a duty of care, that the defendant breached that duty, and that this breach directly caused the plaintiff's damages. The damages awarded can cover various losses, including medical expenses, lost income, pain and suffering, and property repair costs.