(I) The right to sue and the liability to compensate under personal injury proceedings

When a person's injury or death is solely or partly the fault of another, the injured person (or his/her representative) can institute legal action for personal injuries to obtain compensation from the wrongdoer. Liability for such a claim may be based on a number of causes of action. These "causes" include negligence, trespass on a person (such as physical attack), nuisance, breach of a statutory duty, and breach of a contractual duty. Examples for breach of statutory duty/contractual duty (in the context of personal injury proceedings) include failure to do the necessary repair work, or ignoring the required safety measures.

Liability for a personal injury claim is not limited to accidents or negligence as a cause of action. Other causes, such as breach of statutory duty, trespass on a person, and breach of contractual duty, may be intentional. In other words, you can claim for monetary compensation against the person who deliberately injured you. However, if the accident did not involve someone's fault or negligence (it was a natural disaster and no person was responsible for the damage or injury), then there is no cause of action under personal injury proceedings.

1. I was injured by a restaurant waiter who carelessly spilled hot soup on me. Should I sue the waiter and the restaurant owner and claim compensation from both of them?



2. A man intentionally wounded me and was convicted of criminal assault. In addition to criminal liability, can I make a claim against him for medical expenses through personal injury litigation? What happens if the defendant does not have any money to pay compensation?



3. I was injured as a result of an accident that happened in a railway platform. Do I (as a passenger) have any grounds to claim against the railway company?



4. I was injured after a "slip and fall" in a restaurant, and I want to sue that restaurant. What are the factors that will probably affect my claim?