FINLAND Law and Practice Contributed by: Jussi Laasonen and Saara Järvinen, Ruoholahti Law
The injured party must present credible evidence in support of their claims. There is no fixed threshold for the sufficiency of evidence. Rather, the assessment depends on the evidentiary possibilities in each indi - vidual case. In practice, it is often sufficient that the evidence clearly exceeds a probability of at least 50%. 2.10 Courts in Which Product Liability Claims Are Brought Actions for damages based on the Product Liability Act are heard in the general courts in Finland. As a main rule, proceedings are initiated in the district court of the defendant’s domicile or habitual residence. In most cases, the judge who has been responsible for the preparatory stage presides over the main hearing and decides the case alone. If necessary, the main hearing may be conducted by a panel of three judges. There is no general maximum amount set for damages in Finland. Finnish tort law is based on the principle of full compensation. This means that damages must be awarded in an amount that places the injured party, as far as possible, in the position they would have been in had the damage not occurred. At the same time, the principle prohibiting unjust enrichment applies, mean - ing that the injured party must not benefit from the harmful event or be placed in a better position than before the damage. The Product Liability Act provides for a deductible threshold, below which compensation is not payable for damage to property under the Act (however, the injured party may be entitled to bring claims, for exam - ple, under the Damages Act (412/1974)). Under the new EU Product Liability Directive (EU) 2024/2853, this deductible threshold will, however, be abolished entirely. 2.11 Appeal Mechanisms for Product Liability Claims Product liability cases are civil matters and there are no specific rules on appeals in these cases. Instead, the general rules of civil procedure apply. A review of the decision of the district court is request - ed by appeal from a court of appeal. An appeal requires continued consideration granted by the court
of appeal. A party that wishes to request a review of the decision must file a declaration of intent to appeal no later than on the seventh day after the day when the decision of the district court was announced or issued. The time limit for filing an appeal with the court of appeal is 30 days from the date when the decision of the district court was announced or issued. A review of a judgment or decision of a court of appeal is requested, by appeal, at the Supreme Court. Leave to appeal must be sought from the Supreme Court. The time allowed for requesting leave to appeal and lodging the appeal is 60 days from the date on which the decision of the court of appeal was issued. In addition, extraordinary remedies are available in respect of final judgments. These include a complaint based on a procedural error, reversal of a final judg - ment, and granting a new time limit. 2.12 Defences to Product Liability Claims The defendant may defend against a product liability claim, firstly, on the grounds that the damage is not causally linked to the use of the product. The defend - ant may also argue that the product was not defective (or at least not at the time it was put into circulation), that the product was not put into circulation in the course of a business, or that the defect was due to the fact that the product had to comply with mandatory requirements issued by the authorities. The liability of the manufacturer or producer of a com - ponent will also be exempted if they can prove that the defect which caused the injury or damage is attribut - able to the design of the product into which the com - ponent was incorporated, or to the instructions given by the product manufacturer. In Finland, the manufacturer cannot defend on the grounds that the defect could not have been foreseen on the basis of the scientific and technical knowledge available at the time the product was put into circula - tion. The defendant may, of course, also rely on the limita - tion of liability if the three-year or ten-year limitation periods under the Product Liability Act have expired (see 2.3 Time Limits for Product Liability Claims ).
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