Civil liability system in the Republic of Latvia

1
Civil liability system in the Republic of Latvia
2
Most important legal acts concerning liability

• Civil law
• Law on railway
• Law on aviation
• Law on road transport
• Maritime code
• Law on environmental protection
• Law on waste management

3
Liable persons (I)

• In the case of an accident during
  transboundary movement of hazardous waste, liable
  are
• carrier
• consignor (generator or owner of waste)
• consignee (receiver of waste) from the moment
  when he has received waste

4
Liable persons (II)

• The main liability is focused on the
  carrier. No liability shall attach to carrier if
  it proves that the damage was the result of
• Act of God
• Consignor fault, if he had not fulfilled the
  duties determined by the legal acts
• Consignor gave the incorrect information about
  hazardous waste.
• There are the differences depending from
  the mean of transport.

5
Shipment by plane

• The carrier is liable for all damage caused by
  the transportation of hazardous waste.
• Exceptions, if carrier proves that
• he has taken all necessary measures to exclude
  damage or there was no possibility to take such
  measures.
• damage was the result of the wrongful intentional
  conduct of the person who suffered the damage.

6
Shipment by railway

• The carrier is liable for damage caused by the
  transportation of hazardous waste.
• Exception
• carrier prove that the fault of consignor has
  caused the damages.
• carrier prove that the fault of consignee has
  caused the damages.

7
Shipment by car

• Carrier is liable for damages caused, if he
  doesnt fulfil the requirements of legal acts or
  contract.
• Consigner is liable for damages caused, if he
  doesnt fulfil the requirements of legal acts or
  contract, and if hasnt gave the correct
  information about hazardous waste.

8
Shipment by ship

• The carrier is liable for damage caused by the
  transportation of hazardous waste.
• The consignor is liable, if he has gave
  incomplete or incorrect data about waste or in
  other way has not fulfilled the requirements of
  legal acts.

9
Type of damage

• Loss of life
• Personal injury
• Loss of or damage to property
• Loss of income
• Damage to the environment (costs of preventive
  measures, measures of reinstatement of the
  impaired environment, costs of monitoring)

10
Enforcement of liability

• Persons, who have right to bring an action before
  court
• person, who suffer from personal injury or damage
  to property
• State environmental service, prosecutor and
  non-governmental organizations in the case of
  environmental damage.

11
Nature of liability

• Carrier, consignor (owner, possessor) and
  consignee of hazardous waste has strict liable
• but only concerning personal injury and loss of
  life.
• there are the draft law on environmental
  protection, where the strict liability concerning
  environmental damages is planned.
• Others persons have fault based liability.

12
Time limits to the liability

• Time limit to bring action
• - concerning personal injury, damage to
  property, loss of income 10 years after the
  incident occurred.
• - concerning environmental damage no time
  limit (draft law 5 years).

13
Financial limits to the liability

• National legislation doesnt determine the
  financial limits to the liability on damage
  caused by waste transboundary movement.
• There are norms which gave the possibility to
  owner of ship to limit the liability concerning
  all kind of movements by vessel.
• The international treaties on movement of
  hazardous cargo could be used.

14
Insurance

• Voluntary insurance
• Mandatory insurance
• Civil liability of carrier for the damages caused
  by incident on road
• Civil liability of owner of hazardous cargo, if
  he initiates the transportation by road in the
  territory of Latvia
• Civil liability of owner or user of plane.