Under Article 49 of the Obligations and Contracts Act, a person who entrusts work to another is liable for harm caused by that person in performing or in connection with the work. This is liability for another person’s wrongful and culpable acts or omissions. It is ancillary and serves as a guarantee: it arises from the fault of those entrusted with the work, for whose selection, conduct and supervision the person commissioning the work is responsible. On this basis the latter and the person who caused the harm in performing or in connection with the work are jointly and severally liable in tort. For claims under Articles 45 and 49 to succeed, the elements establishing liability must be fully substantiated in court: damage to the injured party caused by someone entrusted with work by the person liable under Article 49; harm arising in performing or in connection with that work; fault on the part of the person carrying it out; and a causal link between the conduct and the damage culpably caused. It is advisable to consult a qualified lawyer to pursue such a claim.<\/p>\n
Under Article 7 of the Bulgarian Constitution, the State is directly liable for damage caused by unlawful acts or actions of its bodies and officials. The State and Municipalities Liability for Damage Act is the special statute under which the relevant State bodies participate in proceedings in their own names on behalf of the State. Where liability cannot be pursued under that Act, a damages claim may be founded on Article 49 of the Obligations and Contracts Act. This is also the settled approach in case law (Supreme Court of Cassation judgment No. 110 of 14.06.2013 in civil case No. 93\/2012, Fourth Civil Division).<\/p>\n
If you have questions about State liability for damage caused by unlawful acts or actions of public bodies, it is advisable to seek advice from a lawyer experienced in this field.
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