Omaksumistekijät

Omaksumistekijät are a concept in Finnish law related to liability for damage. They translate loosely to "factors contributing to the occurrence of damage" or "factors leading to damage." Essentially, omaksumistekijät refer to circumstances or actions that a victim of damage, or someone acting on their behalf, has contributed to or made possible. These factors can influence the assessment of responsibility and the extent of compensation awarded in a legal case.

The principle behind omaksumistekijät is that a person should not be fully compensated for damage if their own conduct played a role in causing or exacerbating that damage. This is a form of contributory negligence or comparative fault. For instance, if an individual fails to take reasonable precautions to protect their property, and that property is subsequently damaged, their own inaction might be considered an omaksumistekijä. Similarly, if a person voluntarily engages in a risky activity and suffers an injury, their voluntary participation could be seen as an omaksumistekijä.

Finnish courts consider omaksumistekijät when determining the causal link between the wrongful act of another party and the damage suffered. The presence and significance of these factors can lead to a reduction in the compensation awarded. The assessment is always made on a case-by-case basis, taking into account the specific facts and the degree to which the victim's actions or omissions contributed to the outcome. The goal is to ensure a fair distribution of responsibility and to prevent unjust enrichment.