Legislator Case Law & Legislation
KKO 1505/1999 AI generated

Supreme Court dismissed claim for compensation of mental reaction to police detention under Finnish Tort Liability Act.

Case Number KKO 1505/1999
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim for damages regarding a mental reaction suffered during police detention. The plaintiff argued that the detention caused severe psychological distress, while the state contended the procedure was lawful and proportionate. The court ruled that no liability existed because the plaintiff failed to prove the detention was unlawful or that the reaction was a direct result of an illegal act.

Legislator headnote

AI generated

Section 2 of the Act on Liability for Damages; Section 3 of the Act on Liability for Damages: A claim for damages for mental distress arising from lawful state detention is inadmissible unless the detention itself was unlawful or the distress resulted from a violation of the plaintiff's rights.

Keywords

AI generated
Tort Liability Act mental distress police detention state liability proportionality principle causation requirement unlawful detention

Cited Legislation

AI generated
Section 2 of the Act on Liability for Damages
Section 3 of the Act on Liability for Damages

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