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VakO 19.10.1981/1304:81 AI generated

Insurance court reduces compensation for assault damages by one-fifth due to victim's contributory negligence.

Case Number VakO 19.10.1981/1304:81
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Insurance Court reduced the awarded compensation for assault-related damages by one-fifth, citing the victim's contributory negligence. The plaintiff sought full restitution for injuries sustained after being pushed and punched, while the defendant argued the victim contributed to the incident. The court applied the principle of comparative fault to apportion liability between the parties.

Legislator headnote

AI generated

Insurance Act; Liability Act: Where a victim's own conduct contributed to the occurrence of an assault, the insurer may reduce the compensation proportionally based on the degree of that contributory negligence.

Keywords

AI generated
contributory negligence assault damages insurance liability comparative fault victim conduct reduction of claim personal injury

Cited Legislation

AI generated
Insurance Act
Liability Act
AI generated
appeal_1981_eastern-finland__248
Court dismissed criminal charges for serious assault but allowed civil damages to be negotiated based on victim's contribution.
appeal_1981_eastern-finland__2068
Self-defense necessity exempts a defendant from liability for pain and suffering caused during the act.
appeal_1979_eastern-finland__1646
Court dismissed damages claim for non-pecuniary loss due to lack of statutory basis in Finnish law.
insurance_1983_10650-1981
Insurance court reduced damages by one-third due to the insured's contributory negligence in a fight.
kko-precedent_2003_67
Supreme Court allows reduced damages for intentional injury due to victim provocation and defendant's financial hardship.

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Full text

Sanaharkan ja tönäisyn jälkeen sattuneesta pahoinpitelystä aiheutunutta vahingonkorvausta vähennetty myötävaikutuksen johdosta viidenneksellä. V-jaosto