Toimintahäiriövahingot

Toimintahäiriövahingot are a concept in Finnish tort law that refers to damages caused by the malfunction or defect of a product or service. These are distinct from injuries caused by misuse or external factors. The core idea is that the product or service itself, when used as intended, is not fit for its purpose or causes harm due to an inherent flaw.

The legal basis for toimintahäiriövahingot often lies in product liability legislation. This legislation aims to protect consumers and ensure that manufacturers and service providers are held accountable for the safety and quality of their offerings. If a product malfunctions and causes damage, the manufacturer, importer, or seller can be held liable depending on the specific circumstances and the applicable laws. Similarly, if a service fails to perform as expected due to a defect and causes harm, the provider of that service may be responsible.

Establishing a toimintahäiriövahinko typically requires proving several elements. First, there must be a defect or malfunction in the product or service. Second, this defect must have directly caused the damage or injury. Third, the injured party must have suffered actual harm, which can include physical injury, property damage, or economic loss. The burden of proof can vary, but generally, the injured party needs to demonstrate the causal link between the defect and the damage.

The remedies available for toimintahäiriövahingot can include compensation for medical expenses, lost wages, pain and suffering, and the cost of repairing or replacing damaged property. The aim of compensation is to restore the injured party to the position they would have been in had the damage not occurred. Finnish law, like that of many other jurisdictions, seeks to balance the protection of consumers with the need to foster innovation and business activity by setting clear standards for liability.