KKO 2003:76

The issue was whether plaintiff was entitled to compensation for anguish in connection with intimate partner violence. A (male) had assaulted E (female) in E's home and on the staircase in a way that caused brain injury and severe traumatic stress. The District Court and the Court of Appeal sentenced A for an aggravated assault and ordered A to pay damages for pain and suffering for 20,000 Finnish marks. The Courts rejected demands for compensation on anguish. The question before the Supreme Court was about the amount of damages and if E was entitled to damages arising from anguish. The Supreme Court evaluated the pain and suffering as a whole and ordered A to pay 14,000 Euros of damages. In court practice (rulings KKO 1989:141 and KKO 1999:102) an assault has not been held as an act that justifies damages on mental anguish. According to Chapter 5 Section 6 of the Finnish Tort Liability Act (412/1974, as amended) (the "Tort Liability Act"), the provisions of the Tort Liability Act on personal injury apply also to damages for the anguish arising from an offense against liberty, honour or the domestic peace or from another comparable offense. The Court held that since A broke into E's apartment, E was entitled to damages arising from offense against domestic peace which could be seen causing anguish. The Court ruled that A had to pay damages for anguish in the amount of 500 Euros.




Supreme Court

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