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VakO 31.10.1985/5779:84 AI generated

Pensioner removed from nursing home not liable for property damage under state compensation law.

Case Number VakO 31.10.1985/5779:84
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
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Legislator summary

AI generated

The court dismissed the claim against a pensioner who had been removed from a nursing home for causing property damage. The plaintiff argued that the pensioner should be liable under the state compensation law, but the court found the individual did not fall within the specific category of persons covered by Section 8 of the Act on Compensation for Damage Caused by State Funds. Consequently, the court ruled that the statutory conditions for imposing liability on the pensioner were not met.

Legislator headnote

AI generated

Section 8 of the Act on Compensation for Damage Caused by State Funds; A pensioner residing in a nursing home and subsequently removed therefrom is not considered a person subject to liability for property damage under this provision.

Keywords

AI generated
state compensation law pensioner liability nursing home resident property damage claim Section 8 Act

Cited Legislation

AI generated
Section 8 of the Act on Compensation for Damage Caused by State Funds
AI generated
insurance_1993_2303-1993
Insurance court upheld full compensation for child's injury despite state office's partial payment offer.
kko-precedent_2008_79
Supreme Court allows compensation for deceased's adult children despite perpetrator's criminal immunity due to mental illness.
kko-precedent_1995_108
Supreme Court holds fuel station operator liable for pollution damages regardless of fault and insurer must pay.
kko-precedent_1999_41
Supreme Court rejects reduction of damages due to defendant's intentional tort and future earning potential.
insurance_1982_4093-1981
Insurance court ruled theft compensation must be reduced if caused by a state-compensable offender.

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Full text

Vanhainkotiin sijoitettu ja sieltä poistunut eläkeläinen ei ollut sellainen rikosvahinkojen korvaamisesta valtion varoista annetun lain 8 §:ssä tarkoitettu henkilö, jonka aiheuttama esinevahinko olisi korvattava. II -jaosto