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VakO 15.12.1978/9914:77 AI generated

Insurance court dismissed claim for accidental injury when gun malfunction caused discharge during departure for work.

Case Number VakO 15.12.1978/9914:77
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The insurance court dismissed the claim filed by a constable who suffered a lower limb injury when a revolver with a technical defect discharged while he was leaving his home for work. The court found that the accident occurred under circumstances attributable to the constable's own actions rather than a pure accident. Consequently, the court ruled that the event did not qualify as an insurable accident under the relevant insurance regulations.

Legislator headnote

AI generated

Insurance Act; Accident Insurance Act: An injury caused by a firearm discharging due to a technical defect while the insured is leaving their residence for work is considered an accident attributable to the insured's own conduct and is not covered as an insurable accident.

Keywords

AI generated
accident insurance coverage firearm technical defect insured own conduct work departure injury constable liability

Cited Legislation

AI generated
Insurance Act 1978
Accident Insurance Act 1978
AI generated
kko-precedent_1989_86
Voluntary military shooting exercise during duty constitutes a work accident under Finnish Work Accident Insurance Act Section 4.
insurance_1976_9265-1975
Insurance court dismissed claim when injury resulted from intentional criminal act rather than accidental workplace accident.
insurance_1978_3091-1978
Insurance court dismissed work injury claim as injury occurred outside work hours and duties.
insurance_2002_447-2001
Work accident coverage granted when employee participated in employer-approved sports competition during work hours.
kko-precedent_2004_54
Supreme Court dismissed accident claim as voluntary sports activity during work hours did not constitute work-related conditions under the Accident Insurance Act.

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Full text

Nimismiespiirin konstaapeli oli asunnossaan ollessaan lähdössä työhön vahingoittunut alaraajaan, kun vyöllä ollut revolveri, jossa oli ollut tekninen vika, oli pudonnut lattialle ja lauennut. Tapaturman katsottiin sattuneen toimesta johtuvissa olosuhteissa. VI -jaosto