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Country:

Lithuania

Case:

"Cernych v. Raigeda & Co.", case No. 3K-3-369/2000

Court:

The Supreme Court of Lithuania, the judgement of 27th March 2000 (case was decided before the adoption of a new Civil Code of the Republic of Lithuania).

Topic:

Compensation for damages caused to victim's health by the explosion of plastic soda cyphon.

Facts:

The defendant " Raigeda & Co." brought the claim to the Supreme Court in cassation to review Vilnius Regional and 1st District Courts decisions concerning plaintiffs claim in the civil case for the damage compensation caused to his health.

The plastic soda cyphon exploded in the plaintiffs hands while being in the shop. The plaintiff stated that during this explosion he suffered severe bodily injuries. Due to this accident he lost 100% sight to his right eye as well as 60% of his livelihood. Also during the recovery, the plaintiff was in need of a better medical treatment. The plaintiff claimed compensation from the defendant for the damages caused to his health.

Decision:

In this case the court held the producer "Raigeda & Co." liable for damages caused to the plaintiff. The defendant did not prove that he was not guilty for this damage and the plaintiff proved the amount of damage done.

The judges stressed that the civil conditions for liability are unlawful actions, damage, causal link between them and fault. The plaintiff proved the fact of damage occurrence, unlawful actions and causal link whereas the defendant did not prove that the damage was caused not because of his fault (CK 483). Accordingly, the plaintiff was required to prove that this damage to his health was done in connection to the purchased product and its explosion as well as the amount of damage caused. When these facts are proved the defendants fault (as the condition for the civil liability) for the caused damage is related to the unlawful actions (CK 483). Furthermore, the Court emphasised that the defendants fault appeared because he did not consider the technical conditions (foreseen in the appropriate documents) while filling siphons with soda.

All in all, as this case was solved according to the old Civil Code, which did not envisage the producers liability without fault, the general provisions for liability were applicable.

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