In the period of intensive development of science and technology, the rapid expansion of all spheres of human activity, one way or another, sources of increased danger necessarily appear. This is a fairly serious aspect, which is capable of damaging nature and human life. That is why recently the Russian government has increased responsibility for those owners whose sources are harmful to human health and the environment. Every year, the relevance of this problem is growing, new laws are appearing, standards and requirements are being established. Even the slightest violation of them entails serious consequences, up to compensation for harm.
The concept
The source of increased danger is objects of the material world. Their most dangerous properties cannot be fully controlled by humans. Also in this category can be attributed activities that can cause serious harm to others. For example, the source of danger is a vehicle of any model. This can be explained by the fact that it can provoke a traffic accident. The wreck and accidents of ships or passenger trains rarely do without serious personal injury.
Ecological harm, which causes a source of increased danger, is especially relevant at present. Today, this area is regulated by international standard agreements and treaties. And this is due to the fact that the problem is global enough and concerns all countries, and not individually each. Its consequences are much more dangerous than it seems at first glance.
To determine the concept of a source of increased danger, you should carefully understand and identify the signs of this legal category:
- The first of them is defined as the relationship between the field of activity and dangerous objects, which can be direct and immediate. The relationship is due to the purpose of the subject of a dangerous type of activity, which may be family, personal, commercial.
- Another sign is the legitimacy of activities that are associated with a source of increased danger.
- Another sign is optional, providing for compulsory insurance. Although recently in the adopted laws it can be considered constructive.
Having considered all the described signs, you can accurately determine what constitutes a high danger to humans.
Types of high hazard source
You can determine the source of a high-level hazard by several criteria:
- there is no way to carry out total control;
- the presence of properties that give rise to a high level of damage.
A source of increased danger is an object or activity that a person does not have the ability to fully control.
The sources of danger can be classified depending on the form of energy:
- physical: vehicles, hoisting mechanisms, industrial equipment;
- electrical: devices operating at high voltage;
- thermal: machines used in hot shops;
- physical and chemical: objects that carry the danger of radiation infection;
- chemical: gases, toxic, combustible and explosive substances that harm people and nature;
- biological: some types of bacteria, wild animals;
- chemical and biological: substances for the control of plant diseases and agricultural pests.
Also classify such activities with sources of increased danger:
- vehicles and assemblies requiring special approval for use;
- storage, production, transportation of hazardous substances;
- construction activities involving the use of special equipment;
- activities involving the use of high voltage energy.
Sample list of hazardous sources
Today, many people work in hazardous enterprises, where you can easily get harm from a source of increased danger. Compensation for damage is supposed for any harm done, only few people know about it.
That is why the Civil Code of the Russian Federation includes a list of types of substances and activities associated with a source of increased danger. It included:
- agricultural units and other equipment;
- poisons and radiation;
- machine tools;
- the use of poisons, atomic energy, explosives;
- construction activities;
- mechanical and energy devices;
- other activities that cause serious harm to humans and others.
If a person has been harmed, he has every right to go to court and demand damages. There are few such cases considered today, and all because a person does not know about his rights and whether his sphere of activity belongs to a source of increased danger.
Legislation of the Russian Federation
The Civil Code of the Russian Federation provides for article 1079, which states:
- Legal entities working with high-level sources of danger must fully compensate for the damage caused by the source, unless it is proved that the victim intentionally caused damage or the tragedy occurred for reasons beyond the control of the person. The owner has the opportunity to avoid liability, but only if such a decision is made by the court.
- The obligation to compensate for the harm lies entirely with the citizen who owns or controls the source, for example, rents an aggregate or industrial equipment.
- The owner is not liable for damage caused by the source if he succeeds in proving that the source dropped out of his possession due to the fact that unlawful acts by other persons were committed. In this case, liability for harm caused by a source of increased danger is borne by persons who illegally seized it. If the owner’s guilt is proved, then he and the person who unlawfully seized it will share responsibility between themselves.
- All owners of the source of danger are jointly liable and indemnify. For example, in a collision of two vehicles, responsibility is assigned to both participants in an accident, as provided for in paragraph 1 of this article.
Following article 1064, clause 1 of the Civil Code of the Russian Federation, damage caused to property or to a person must be fully compensated by the person who is to blame.
Source owner: who is it?
The subject of liability can be both an organization and a legal entity.
By owner is meant a legal entity that exploits the source of danger by virtue of the fact that it has the right of ownership, the right to own it, the lease agreement, and the right to operational management of it.
They do not recognize the owner of a source of increased danger (and he does not bear any responsibility to the victim) of a person if he has an employment relationship with the owner, for example, a driver, driver, operator and others.
Actions for liability
Article 1064 of the Civil Code of the Russian Federation spells out all the conditions that are necessary for liability to occur under the general rules. In mind there is:
- the fact of harm;
- if the person who caused the harm behaves unlawfully;
- if it is possible to trace the connection between the harm done and the unlawful actions;
- it will be established that the inflicter of harm is guilty of causing harm.
If we are talking about compensation for harm caused by a source of increased danger, then the list is reduced several times, and only such conditions remain in it:
- the onset of harm;
- the connection between the damage done and the actions is seen.
To hold a guilty person accountable, it does not matter if his actions were guilty and unlawful.
With the condition of the onset of harm, everything is clear, but a causal relationship requires explanation. Damage received must be directly related to the source of increased danger. So, for example, the cost of a gadget broken on a construction site as a result of a fight will be reimbursed according to general rules. But if it was broken due to the fact that it fell under the beam, which fell during the work, then its cost is compensated according to the rules of compensation for harm by a source of increased danger.
Why is wrongfulness and guilt not important for redress?
Illegal actions are implied if a person has violated certain rules prescribed by law. Following the general rules, it is precisely such actions that lead to prosecution and responsibility. But during the use of a source of increased danger, the actions of the person who caused the harm may not be illegal. But during the operation of such an object, the risk increases that dangerous consequences will nevertheless occur, even if all norms and requirements have been met.
In almost all legal documents, the concept of guilt is treated the same way - this is the psychological attitude of the person to the act committed by him. Wines can be of two forms:
You can be held liable if the damage was caused intentionally, accidentally or through negligence. This is confirmed by article 1079 of the Civil Code of the Russian Federation, which states that guilt is considered a prerequisite for liability and compensation for harm caused by a source of increased danger.
Who should pay damages?
It often happens that the causer of harm and the owner of a source of increased danger are two different people. That is why, in order to solve the issue of compensation for damage, it is important to establish the owner of the source of danger, because only he can be held responsible by law.
The legislation of the Russian Federation provides for such a situation when a source of increased danger falls into the wrong hands against the will of the owner. It is not possible to withdraw responsibility from the owner on only one statement, this fact will have to be proved, and this mission is assigned to the owner. If he succeeds in proving his innocence, then responsibility will be removed from him. But if it turns out that the object was not guarded, then the responsibility will be divided between him and the persons who caused the harm.
If the owner transfers the source of increased danger to a third party, he is still liable for it. For example, another person drives his vehicle. But nevertheless, he has the right to demand from the person who caused the damage to compensate the damage, following the framework of the employment contract.
When does responsibility not come?
The owner of the source can avoid liability. The reasons for his release may be such factors:
- circumstances beyond his control;
- the intent of the person who suffered the damage;
- gross non-observance of safety measures for the injured person;
- if the source is seized by a third party.
An independent circumstance as an irreversible phenomenon can free the owner from compensation for damage if it caused the source of increased danger to fail. For example, an earthquake provoked a rock collapse, which caused the vehicle to leave the rail or track, resulting in damage and people injured.
The intent of the victim completely exempts the owner from liability.
The gross negligence of the person who suffered the damage may partially or fully exempt the owner of the source from repayment of the amount of damage. But only if its gross negligence is proved. Only the court can, having considered the case and having weighed all the pros and cons, reduce the amount of material damage. If it is proved that the owner of the source is not guilty of danger, then he can be exempted from compensation for harm to the injured person.
If the victim unlawfully took possession of a resource with a high level of danger, then the harm done to him is completely blamed on the person who committed the violation. According to Article 1079, the Civil Code of the Russian Federation will not answer and compensate for damage if it succeeds in proving that the source is no longer its property as a result of unlawful actions of other persons. In this case, the responsibility lies with the persons who took possession of it. The principle of liability of actual harm-doers is enshrined in this legislation.
If it is proved that third parties managed to seize the source because the owner improperly guarded it, for example, left the keys to the vehicle in the ignition switch or did not take any protection measures, then the responsibility is shared between the owner and the persons who caused the damage. In this case, the responsibility will be divided between two parties, and the amount will depend on the degree of their guilt.
What is the amount of damage?
Damage caused to property or a legal entity shall be compensated in full. Its amount is reduced to the transfer in the monetary equivalent of the damage received. If the issue cannot be resolved peacefully or any misunderstandings arise, then a special expert who has the right to conduct this kind of assessment is invited to solve it. In this case, the conclusions of experts voiced the amount, which will be the amount of compensation.
If a person works in an area where the danger is significantly increased and damage has been done to him, then the compensation belongs to:
- expenses that went to his treatment and rehabilitation;
- lost salary, money that a person could earn if he had not been injured.
If a person died due to injuries, then persons who are members of his family, such as mother, wife, children, can count on compensation. These persons will receive compensation payments, which are equal to part of his earnings, which went to support the family during his lifetime.
You can also count on moral damages, but the law does not clearly define the amount of compensation. In this case, it is necessary to take into account the personality of the victim, his reaction to what happened, the nature of the damage caused and other factual circumstances of the case. But the courts must be guided by the principles of justice and reasonableness when making a decision.
Sources and activities directly related to them pose an additional threat to others. That is why their owners have an additional responsibility for harm to a source of increased danger, including liability for damages, even if the fault has not been proven. There are very few conditions for exemption from liability, and you can learn about all of them from the articles in the legislation of the Russian Federation. So to a greater extent, the owners of the sources of danger have to fully compensate for the harm caused to the victim or his family members.
In order to avoid this, it is important to comply with safety regulations at enterprises, operating instructions for machine tools and complex mechanisms, as well as requirements for transportation and handling of hazardous substances.