Legal proceedings
for moral damage compensation have ended
November 21, 2023
Related to
About five years of legal proceedings for moral damage compensation related to an accident resulting in the death of a person have ended. The accident took place on state-owned real estate, on which an uncoordinated barrier was placed, into which the deceased crashed. With the help of a WIDEN, the deceased’s father appealed to the court, asking for recovery of moral damages, which was partially satisfied after 5 years of litigation.
The unjustified action of the state manifested itself as an arbitrary construction by placing a road barrier and road signs on state-owned real estate, which do not comply with the requirements of regulatory acts. The barrier was not properly coordinated with the municipality, therefore the need for a barrier had not been confirmed by a competent authority at the time of the accident. Any structure, including a road barrier, must not create unacceptable risks of accidents or loss. A barrier that is not visible at a sufficient distance for braking and which, when struck, results in loss of life, is considered a structure that poses a risk to human life.
