Tischenko I.V., Menyaylo L.N., Maksimenko A.V.

Title of article

Grounds for exemption from civil liability when causing harm by vehicle as a source of increased danger


Human rights protection

Issue, year

4 (34) 2015


Grounds for exemption from civil liability when causing harm to life and health by vehicle as a source of increased danger are considered. They are as follows: irresistible force; victim’s intent aimed at causing harm; gross negligence of the victim; removal of the vehicle from the possession of its owner as a result of third parties’ illegal actions. It’s known that imposing such liability doesn’t depend on the culpability of the owner in causing harm. The ground for exemption of the owner of the source of increased danger from compensation for damage is irresistible force as the inability to prevent the circumstances by means that are at disposal of a particular person in specific conditions. Intent and gross negligence are considered as forms of victim’s guilt, that’s the reason for reducing the amount of compensation for damage. The authors argue the necessity of amending Article 1083 of the RF Civil Code containing the concepts of gross and simple negligence. The ground for exemption from liability, provided by part 2 of Article 1079 of the RF Civil Code, is analyzed: the owner of the source of increased danger is not responsible for damage caused by this source if he proves that the source was out of his possession as a result of other persons’ illegal actions. In this case, the guilt of the owner is taken into account (absence of guilt excludes liability). The judicial practice is that if the car is left locked and the car alarm is on, it can’t be considered negligence.


grounds for exemption from civil liability, source of increased danger, vehicle, compensation for damage.


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