Tort law (skadeståndsrätt) in Sweden deals with when someone may be legally required to compensate another person or business for damage or loss. It applies to both individuals and companies in various situations. Here are 100 common questions and answers about how tort law works under Swedish legislation.
1. What is tort law (skadeståndsrätt)?
It is the area of law that governs liability to compensate someone for damage or loss.
2. What is damages (skadestånd)?
Financial compensation to the person who suffered harm.
3. What types of damage can result in liability?
Personal injury, property damage, pure economic loss, and violation of personal integrity.
4. What is personal injury?
Physical or psychological harm to a person.
5. What is property damage?
Damage to physical property, such as a car or building.
6. What is pure economic loss?
Financial loss not connected to personal or property damage.
7. What is a violation of personal integrity?
Serious infringement of a person’s dignity or privacy.
8. What is required to claim damages?
That someone caused the damage intentionally or negligently.
9. What is negligence?
Failure to act with the care that a reasonable person would exercise.
10. What is intent (uppsåt)?
Deliberately causing harm.
11. Can you be liable without negligence?
Yes, in certain cases where strict liability applies.
12. What is strict liability (strikt ansvar)?
Liability without the need to prove negligence or intent.
13. Give an example of strict liability.
A dog owner is strictly liable for damages caused by their dog.
14. What is vicarious liability (principalansvar)?
An employer’s liability for damage caused by employees at work.
15. What is contractual liability?
Liability agreed upon in a contract.
16. Does the Tort Liability Act apply in all cases?
No, contracts can include different liability rules.
17. What is the Tort Liability Act (skadeståndslagen)?
The general law governing tort liability in Sweden.
18. Can a contract limit liability?
Yes, but not for personal injury or gross negligence.
19. What is gross negligence?
Extremely reckless or careless behavior.
20. Can liability for gross negligence be excluded by contract?
No, such exclusions are invalid.
21. Who is the liable party (skadevållare)?
The person or entity that caused the damage.
22. Who can claim damages (skadelidande)?
The person or entity that suffered the damage.
23. Can businesses claim damages?
Yes, both individuals and businesses can seek compensation.
24. Can children be held liable?
Yes, but their liability may be limited based on age and maturity.
25. Can parents be held liable for their child’s actions?
Yes, under certain conditions according to the Swedish Parental Code.
26. What is liability insurance?
Insurance covering claims for damages.
27. Is liability insurance mandatory?
No, but it is highly recommended.
28. What does liability insurance cover?
It typically covers damage claims and sometimes legal costs.
29. What is the insurance deductible (självrisk)?
The amount you must pay yourself before insurance coverage applies.
30. What is the insurer’s right of recourse (regressrätt)?
The insurer’s right to claim compensation from the person responsible for the damage.
31. What is a written damages claim?
A letter or email where the injured party demands compensation.
32. What should a damages claim include?
A description of the damage, the amount claimed, and the legal basis.
33. Can you make a verbal claim?
Yes, but written claims are better for evidence.
34. What is statute of limitations (preskription)?
A time limit for bringing a damages claim.
35. How long is the limitation period?
Generally ten years from the date of the damage.
36. Can the limitation period be interrupted?
Yes, by submitting a claim.
37. What is interruption of limitation?
Restarting the limitation period by making a claim.
38. Can damages be reduced (jämkas)?
Yes, if full compensation would be unreasonable.
39. What is reduction (jämkning)?
Lowering the amount of damages awarded.
40. What factors affect reduction?
The injured party’s own responsibility and financial situation.
41. What is contributory negligence (medvållande)?
When the injured party partly caused the damage themselves.
42. Can contributory negligence reduce damages?
Yes, the compensation may be lowered.
43. What is mental suffering (psykiskt lidande)?
Emotional distress, such as fear or anxiety.
44. Can you claim damages for mental suffering?
Yes, in certain cases.
45. What is compensation for violation (kränkningsersättning)?
Damages for serious violations of personal integrity.
46. When can you claim compensation for violation?
For example, in cases of assault or harassment.
47. Can businesses claim compensation for violation?
No, only individuals.
48. What is compensation for pain and suffering (sveda och värk)?
Damages for temporary physical or mental suffering.
49. What is compensation for permanent injury (lyte och men)?
Damages for lasting physical or psychological harm.
50. Can family members claim damages?
Yes, in cases of death or serious injury.
51. What is economic loss (ekonomisk skada)?
Direct financial losses or lost income.
52. What is non-economic loss (ideell skada)?
Harm that cannot be measured in money, such as emotional suffering.
53. Can non-economic loss be compensated?
Yes, by law.
54. What is a damages lawsuit?
A court case to determine if someone is liable for damages.
55. Where are damages lawsuits heard?
Usually in the district court.
56. Can I get legal aid (rättshjälp)?
Yes, if you cannot afford legal representation.
57. What is legal expense insurance (rättsskydd)?
Insurance that covers legal costs.
58. Can a settlement be reached in a damages case?
Yes, the parties can agree to settle before judgment.
59. What is a settlement agreement (förlikningsavtal)?
A written agreement resolving the dispute.
60. Is a settlement binding?
Yes.
61. What happens if the settlement is not honored?
The other party can seek enforcement through the court.
62. Can I appeal a damages judgment?
Yes, to the court of appeal.
63. How long do I have to appeal?
Three weeks from the judgment date.
64. What is an enforceable title (exekutionstitel)?
A judgment that can be enforced by the Enforcement Authority.
65. What is enforcement (verkställighet)?
The process of collecting payment or seizing assets.
66. Can damages be paid in installments?
Yes, if both parties agree.
67. What is a payment order (betalningsföreläggande)?
An application to the Enforcement Authority to confirm a debt.
68. Can the Enforcement Authority enforce damages?
Yes, if there is a valid judgment or settlement.
69. What is a claims assessment (skadereglering)?
The insurance company’s review of a damages claim.
70. What is a damages claim in a criminal case?
When damages are requested alongside criminal charges.
71. Can crime victims receive compensation?
Yes, from the offender or the Crime Victim Compensation Authority.
72. What is the Crime Victim Compensation Authority (Brottsoffermyndigheten)?
A government agency that pays damages when the offender cannot.
73. What are general principles of tort law?
The basic rules governing liability for damages.
74. What is fault-based liability (culpaansvar)?
Liability based on negligence.
75. What is causation (kausalitet)?
The link between the action and the damage.
76. What is adequate causation (adekvat kausalitet)?
Whether the damage was a foreseeable result of the action.
77. What is product liability (produktansvar)?
Liability for damage caused by defective products.
78. Who is responsible for product liability?
The manufacturer or importer.
79. What is environmental damage (miljöskada)?
Damage to the environment, such as pollution.
80. Who is responsible for environmental damage?
The party causing the damage, often a company.
81. Can you be liable for defamation (förtal)?
Yes.
82. What is defamation?
Spreading harmful false information about someone.
83. Can businesses claim damages for defamation?
Yes, for financial loss.
84. What is breach of contract (avtalsbrott)?
Failure to fulfill a contractual obligation.
85. Can breach of contract result in damages?
Yes, if it causes loss or damage.
86. What is intellectual property damage (immateriell skada)?
Damage to trademarks, copyrights, or other IP rights.
87. Can IP damage be compensated?
Yes, under intellectual property law.
88. What is employer liability (arbetsgivaransvar)?
An employer’s responsibility for damage caused by employees.
89. Can employers claim compensation from employees?
Only in cases of gross negligence or intent.
90. What is a disclaimer (friskrivning)?
A clause limiting liability in a contract.
91. Are all disclaimers valid?
No, not for personal injury or gross negligence.
92. What is a penalty clause (vite)?
A pre-agreed compensation amount for breach of contract.
93. What is the difference between a penalty and damages?
Penalties are pre-agreed, damages are assessed based on actual loss.
94. Can the court adjust a penalty clause?
Yes, if it is unreasonable.
95. What is fair market practice (god sed på marknaden)?
Ethical business conduct.
96. Can violations of market practice lead to damages?
Yes, in some cases.
97. What is unfair competition damage (konkurrensskada)?
Damage from unlawful competition.
98. Can unfair competition result in damages?
Yes, under competition law.
99. What is important when making a damages claim?
Documenting the damage and acting in time.
100. Why is legal advice important in damages cases?
To ensure you claim or defend yourself correctly and effectively.
