Tort law at Austria
Tort law in Austria is primarily governed by the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB), which dates back to 1811 but has undergone many revisions. Austrian tort law is fault-based, meaning liability generally requires some form of wrongdoing or negligence, though there are exceptions (such as strict liability in certain cases).
Key Features of Austrian Tort Law:
1. General Requirements for Tort Liability (§ 1293–1295 ABGB):
To claim damages under Austrian tort law, four basic elements must be proven:
Illegality (Rechtswidrigkeit): The conduct must violate a legal norm (e.g. causing injury or property damage).
Fault (Verschulden): The actor must be at fault, unless strict liability applies.
Damage (Schaden): Actual harm (physical, financial, etc.) must be demonstrated.
Causation (Kausalität): A causal link between the act and the damage must exist.
2. Types of Fault:
Intent (Vorsatz): Acting with knowledge and will to cause harm.
Negligence (Fahrlässigkeit): Failing to exercise due care. This includes both slight and gross negligence.
3. Strict Liability:
In certain cases, Austrian law imposes liability without fault, such as:
Product liability
Liability for dangerous activities (e.g., operating motor vehicles)
Parental liability for children under 14
4. Damages:
Compensatory damages are the norm, covering both pecuniary (e.g., lost income, medical expenses) and non-pecuniary losses (e.g., pain and suffering).
Austrian courts are traditionally conservative with non-economic damages, though this has evolved somewhat.
5. Prescription Periods:
Standard limitation period for tort claims is 3 years, starting from the time the victim learns of the damage and the identity of the tortfeasor.
A 30-year long-stop period applies from the date of the act.
6. Contributory Negligence:
If the injured party contributed to their own damage, the court may reduce compensation proportionally (§ 1304 ABGB).
7. Special Torts and Protections:
Austrian tort law includes specific rules for:
Defamation and violation of personality rights
Environmental damage
Animal owner liability (§ 1320 ABGB)
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