Municipal liability for harm

A municipality is liable under the ordinary rules of tort, pursuant to Article 49 read with Article 45(1) of the Bulgarian Obligations and Contracts Act, where the claimant alleges harm resulting from the failure of municipal authorities to discharge duties imposed on the municipality by legislation. In the circumstances discussed here, carrying out its duties of inspection and supervision does not constitute the exercise of administrative powers or of public authority unilaterally producing legal effects binding a particular group of persons. These duties are not performed in administrative proceedings and do not create a relationship of authority and subordination. A claim for harm caused by failure to discharge them must therefore be brought under the ordinary civil procedure for damages in tort.

As regards liability under Article 49 read with Article 45, where a person acts and the act causes harm, that person owes compensation if the act was unlawful; fault is presumed. Where harm results from an omission, compensation is due if the person failed to take action they were required to take. A person who took the action prescribed by law with due care is not liable for harm merely because that action failed to achieve the expected result.

Public authorities, including municipalities, are required to exercise their powers so as to achieve the purpose of the law: sound management of the matters entrusted to them. A municipality owes compensation if it fails to take action required by law, or takes it without due care, and harm results. If it took the required action with due care and harm occurred nonetheless, it owes no compensation.

Liability under Article 49 requires proof of all the following: the claimant suffered harm; the harm was caused by a person to whom the defendant municipality had entrusted work; it arose in the course of or in connection with that work; and the person performing the work was at fault. Where it is established that the action prescribed by law was taken with due care and harm occurred nonetheless, the municipality is not liable for compensation.

This article does not provide a legal opinion or advice about any particular person or situation. If you have suffered a broken arm or leg or another injury because of a pothole, an uneven road surface or an inadequately secured repair site within the municipality, consult a qualified lawyer experienced in tort claims.