Virhevastuu

Virhevastuu is a term used in Finnish civil law to describe liability for damages caused by errors or faults in the performance of duties or services. It arises when an error by the liable party, such as negligence or failure to meet the required standard of care, leads to harm to another person or to property.

The concept covers both contractual and non-contractual liability. In a contractual setting, virhevastuu can apply when a service provider or contractor delivers faulty performance that breaches the agreed quality or specifications. In non-contractual (tort) situations, liability can arise from fault or negligence even without a contractual link. In Finland, damages awarded under virhevastuu follow general liability principles and are influenced by the Damage Compensation Act and case law, with emphasis on proving fault, causation, and resulting damages.

Who can be liable includes professionals (such as doctors, engineers, architects, lawyers), contractors, manufacturers, and service providers whose work or products fail to meet the applicable standard. The claimant must show that the defendant acted with fault and that the fault caused the damage, and the scope of compensation can cover reasonable costs, loss of income, property damage, and, where applicable, certain non-material harms.

Defenses and limitations exist, such as contributory fault by the claimant, other legal exemptions, or limitations periods for bringing a claim. Insurance, particularly professional liability or product liability insurance, frequently plays a role in covering virhevastuu obligations.

See also: Vahingonkorvauslaki (Damage Compensation Act), ammatillinen vastuu (professional liability), tuotevastuu (product liability). The term and its application may vary with jurisdiction and context.