Product Liability 2009 - Arnold & Porter LLP

Dedák & Partners Slovakia
6 Remedies
6.1 What remedies are available e.g. monetary compensation,
injunctive/declaratory relief?
The damaged party may seek that the breaching party refrain from
unlawful conduct and that it removes the unlawful state of affairs.
Further, it may seek adequate financial compensation of damage or,
if the damaged party requires so and it is possible and purposeful,
restitution in integrum instead.
6.2 What types of damage are recoverable e.g. damage to the
product itself, bodily injury, mental damage, damage to
property?
Pursuant to the Product Liability Act recoverable is damage to life
or health and damage to property designed for personal use or
consumption and which the damaged party used for this purpose,
other than the defective product itself. In case of damage to
property, damage is only recoverable is when the damage exceeds
SKK 20,000 (EUR 663.90).
For compensation of damage to property, real damages and loss of
profit are recoverable. For compensation for death or personal
injury, compensation for pain and aggravation of an individual’s
social assertion is recoverable, and loss of earnings, loss of pension
allowance and treatment costs are reimbursed. In case of death, the
maintenance to survivors and reimbursement of burial expenses can
be awarded.
6.3 Can damages be recovered in respect of the cost of
medical monitoring (e.g. covering the cost of investigations
or tests) in circumstances where the product has not yet
malfunctioned and caused injury, but it may do so in
future?
If the product has not yet caused injury, there is no actual damage
that could be claimed and compensated according to the Slovak law.
6.4 Are punitive damages recoverable? If so, are there any
restrictions?
Punitive damages are not recognised in the Slovak legal system.
6.5 Is there a maximum limit on the damages recoverable
from one manufacturer e.g. for a series of claims arising
from one incident or accident?
Yes, see question 3.4 above.
6.6 Do special rules apply to the settlement of
claims/proceedings e.g. is court approval required for the
settlement of group/class actions, or claims by infants, or
otherwise?
There are no special rules concerning the settlement of claims.
ICLG TO: PRODUCT LIABILITY 2009
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6.7 Can Government authorities concerned with health and
social security matters claim from any damages awarded
or settlements paid to the Claimant without admission of
liability reimbursement of treatment costs, unemployment
benefits or other costs paid by the authorities to the
Claimant in respect of the injury allegedly caused by the
product. If so, who has responsibility for the repayment of
such sums?
The Social Insurance Agency (institution providing social security)
can claim damages towards a party who caused the payment of
social security benefits in consequence of a breach of law by
intention or negligence. The payment of social security benefits to
an injured party as a result of a breach of law by this party is not
deemed to be damage that shall be subject to the right to recourse.
The party who was held liable for damage to health or life is
responsible for repayment of the sum.
7 Costs / Funding
7.1 Can the successful party recover: (a) court fees or other
incidental expenses; (b) their own legal costs of bringing
the proceedings, from the losing party?
The successful party is entitled to recovery of costs necessary to a
useful exercise or defence of a right against the losing party. Costs
of proceedings such as court fees, costs of evidence, expenses and
remuneration of experts, as well as costs of legal representation of
the party are recoverable.
7.2 Is public funding e.g. legal aid, available?
There is a scheme of legal aid operated by the Ministry of Justice in
Slovakia pursuant to Act No. 327/2005 Coll. on Provision of Legal
Aid for People in Material Need. The free legal aid by the Centres
of Legal Aid can be provided inter alia in civil law matters, product
liability issues included. A person in material need can be also freed
from payment of court fees.
7.3 If so, are there any restrictions on the availability of public
funding?
The preconditions of granting free legal aid are the material need of
a person (financial criteria), the prospect of success and the value in
litigation.
7.4 Is funding allowed through conditional or contingency fees
and, if so, on what conditions?
According to the law, an attorney’s tariff contingency fee is allowed
up to 20% of the value of case. The attorney is entitled to
remuneration on condition that the client had success in the case.
7.5 Is third party funding of claims permitted and, if so, on
what basis may funding be provided?
There is no regulation of third party funding in Slovakia.
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