Tort Law and Preconditions for Liability in Slovenia

Tort law consists of legal rules primarily concerning the issue of liability for damages, i.e., the legal relationships between the injured party and the tortfeasor. The fundamental legislation regulating this legal field in Slovenia is the Obligacijski zakonik (Obligations Code).

According to the general legal principle, any act that causes harm or constitutes wrongful conduct is prohibited and illegal. Everyone is obligated to refrain from actions that may cause harm to others (principle of prohibition of causing harm).

Another fundamental principle of tort law states that anyone who causes harm to another is obliged to compensate for it (unless they can prove that the harm occurred without their fault).

However, certain conditions must be met for the tortfeasor's liability:

• The harmful conduct must be prohibited and unlawful:

 

It must not be based on law (e.g., self-defense, force majeure) or the consent of the injured party.

• There must be an unlawful and legally recognized harm:

 

The law does not recognize every harm; it must meet certain quality criteria. For example, minimal harm is not legally recognized and does not provide a basis for awarding just compensation. Harm can be pecuniary or non-pecuniary, actual or future.

• There must be a causal link between the unlawful conduct and the resulting harm:

 

This means that the harm occurred as a consequence of the unlawful conduct, which is not self-evident and may not be easily understood by applying various theories of causation.

• The tortfeasor's liability:

 

The tortfeasor must be capable of assuming liability in the first place (e.g., a child may not be liable), and their actions must be voluntary (either through negligence or intention). It is necessary to distinguish between liability based on fault and objective liability, i.e., liability regardless of fault, which is established exceptionally in our legal system.

Property and non-pecuniary damages

Property Damage

Property damage is ordinary damage and lost profit.

Ordinary damage represents a decrease in a person's property.

Lost profit represents the profit that a person would reasonably expect under normal circumstances and did not occur due to a harmful event. It means preventing the increase of property.

The Principle of Full Compensation

The principle of full compensation means that the court awards the injured party compensation in the amount necessary to make their financial situation the same as it would have been if there had been no harmful act.

Compensation for Affective Value

A destroyed thing may have had a subjective value for the injured party, i.e., a greater value than it had in the market.

The recognition of compensation in the amount of affective or subjective value is an exception to the principle of full compensation. The law only recognizes it in certain cases.

The condition for recognizing compensation for special popularity is that the thing was destroyed or damaged intentionally or with a premeditated criminal act.

In the latter case, the civil court can only determine whether the damage was done with a criminal act. However, only exceptionally, when a criminal proceeding could not be initiated against the perpetrator, or to conclude with a substantive decision (for example, due to the perpetrator's death at or after the act, due to his mental illness at or after the act, amnesty or withdrawal of the prosecutor's charge, about which the injured party was not informed).

Property Damage in Physical Injury or Health Impairment

In the case of physical injury or health impairment, property and non-property damage can occur.

Compensation for property damage due to physical injury or health impairment can include:

• reimbursement of treatment costs,
• compensation for damage due to a permanent increase in the property needs of the injured party,
• reimbursement of funeral costs (in case of death),
• compensation for lost profit (due to temporary or permanent loss of earning capacity),
• compensation for damage due to lost subsistence (beneficiaries are the persons whom the deceased supported).

 

Non-Pecuniary Damage

Non-pecuniary damage is, in the broadest sense, any interference in the non-pecuniary sphere of another, where the personal sphere of each subject is determined by the personal rights that this subject has.

With non-pecuniary damage, there is no decrease in the injured party's property, so the compensation for such damage in money is conceptually not possible. Physical and mental pain, as well as fear, cannot be erased; a return to the previous state is not possible.

Because restitution is not possible, the law recognizes the right of the injured party to satisfaction or redress for non-pecuniary damage in monetary compensation, i.e., the right to fair monetary compensation.

The right to fair monetary compensation belongs to the injured party regardless of the right to compensation for pecuniary damage, even if there is no pecuniary damage.

Compensation for non-pecuniary damage is recognized under Slovenian law only for:

• physical pain,
• fear, and
• mental pain due to: reduction of life activities, disfigurement, defamation of good name and honor, impairment of freedom, infringement of personal right or death of a loved one.

 

Interference in the personal sphere of a physical person is not yet a basis for awarding fair monetary compensation. The primary damage must result in the injured party suffering physical or mental pain and fear.

Legally Recognized Non-Pecuniary Damage

A fair monetary compensation belongs to the injured party if the circumstances of the case, especially the degree of pain and fear and their duration, justify it.

The limit at which the law recognizes the right of the injured party to fair monetary compensation is determined by the court in each individual case, taking into account existing case law.

Procedure for Enforcing a Compensation Claim

Upon the occurrence of damage or a damaging event, it is most important that the injured party secures evidence as much as possible. They should photograph the scene of the damaging event, collect contact information of any potential witnesses, obtain a police report on the traffic accident, report workplace injuries, gather medical documentation, etc.

Only with collected documentation and evidence is it possible to substantiate a compensation claim, so the lawyer whom you entrust to carry out the procedure will be able to file a claim only after the documentation has been submitted.

The claim needs to be addressed to the responsible party (legal or physical) and to the insurance company, if the person had liability insurance.

If the responsible party or the insurance company objects to the claim, the client can decide whether to enforce the compensation claim with a lawsuit for payment of compensation in civil proceedings. The costs of the lawsuit for compensation payment primarily depend on the amount of the compensation claim and the duration of the procedure, which the lawyer will explain to the client based on the circumstances in the specific case.

If the responsible party or the insurance company is willing to negotiate or offers to pay a certain amount of money as an undisputed part of the compensation, the client can decide to accept the amount and sign a settlement or accept the undisputed amount and claim the difference in a lawsuit.

The responsible party, and in certain cases also the insurance company, is obliged to reimburse the injured party for the costs of enforcing the claim.

For legal advice regarding the enforcement of a compensation claim, call attorney Jurij Kutnjak during working hours on the telephone number 00 386/2/25-23-780 or write an email to info@odvetnik-kutnjak.si.

Legal Notice:

The content of the articles is designed and intended for critical reflection and does not represent a legal opinion, legal advice, or recommendation from attorney Jurij Kutnjak or his law office.

Answers to questions, and other content on this page, are simplified for better understanding and, despite efforts, may contain errors, therefore the attorney does not guarantee their correctness or completeness. They should only serve as a starting point for a more detailed examination of a particular issue.

The articles do not replace specific legal advice and do not constitute a legal basis for a mandate relationship. Before making any decisions and before any action, always consult with a lawyer or another legal professional.

Attorney Jurij Kutnjak does not assume responsibility for decisions or legal consequences of actions taken based on the articles on this page. The liability for damages and any other responsibility of attorney Jurij Kutnjak or his law office is excluded.

Note:

Expressions in the text used in the masculine gender are used neutrally and refer to persons of all genders.

The original content of the web pages is prepared in the Slovenian language. The content of the web pages in English and German is prepared in translation from the Slovenian text, does not represent a certified translation, and only serves for comparative study of a particular legal issue.