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 faultof consignor has caused the damages. • carrier prove that the faultof consignee has caused the damages.

7. Shipment by car • Carrier is liable for damages caused, if he doesn’t fulfil the requirements of legal acts or contract. • Consigner is liable for damages caused, if he doesn’t fulfil the requirements of legal acts or contract, and if hasn’t 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 doesn’t 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.