The chance to do that unintentionally we cause damage to other persons or property. To protect ourselves from this uncomfortable eventuality santalucia created the General Liability Insurance for freelancers and companies.Complete protectionInsurance General Liability santalucia ensures you face your legal problems quickly and effectively.Possible compensation for damages to be determined, both for your own actions, as by those who depend on you (children, employees ...) are covered and will be assumed by santalucia .Total flexibility to suit youInsurance General Liability santalucia lets you adjust the guarantees and the amounts to your exact needs. With full flexibility. And with a really advantageous conditions. You can check the cost without any compromise and hire online any liability policies for special freelancers and companies.Special policies for businesses and professionals
Liability of Exploitation .
Liability Employers .
Liability Products / Post-work .
Liability Professional Indemnity
The insurer agrees to indemnify the insured damage that can experience their heritage as a result of claims that a third party made .
Your coverage is to:
Cover the payment of compensation for personal equipment or property damage to third parties that could be the fault of the insured person or persons who is liable for acts arising from their private or professional life.
The posting of bonds and court costs required of the insured for claims of third parties, provided that the reason for the claim is included in this coverage .
Some facts expressly included in liability coverage include many derivatives:
The insured in his capacity as head of the family and people who must respond.
As an owner or renter of housing dedicated to the insured residence.
Damage from water , fire or explosion, caused to third parties .
Act or omission of the domestic staff.
The exclusions typical and widespread coverage of personal liability are, among others:
Participate in bets, challenges or competitions.
For damage to property of others held by the insured.
Relatives to the second degree of kinship or persons actually living with the insured.
Penalties, fines or default thereof.
Because in our daily activities as individuals we can involve ourselves in unexpected situations causing damage to third parties, Generali Insurance . offer liability insurance to meet claims that may damage our heritage The liability insurance that we offer are:
Liability Insurance, for the protection of the private sphere of the family unit, as even the most seemingly inconsequential acts of privacy may be causing serious harm to others and generate a claim difficult to cope financially by an individual.
Liability Insurance of Fish and Game, directed to the protection of hunters and fishermen in the exercise and practice of these sports, the economic consequences that may result from damage to third parties.
Legal Aid , achieves a level of legal protection that can be achieved in particular by the intervention of a law firm, but at a much lower cost.
If you want to be part of the great family of Generali Insurance , do not hesitate, request a quote for this online insurance and your agent will contact you shortly. If you do not have Agent, you can select one of the closest to your home.
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The liability is the obligation on a person to fulfill their obligation ( contractual liability ) or to repair the damage caused to another (contractual liability), whether in nature or by a monetary equivalent, usually by paying a compensation for damages . Díez-Picazo defines accountability as "the subjection of a person who violates a duty of conduct imposed in the interests of another subject to the obligation to repair the damage." 1 Although the respondent is often the cause of damage may be made responsible to someone other than the tortfeasor, case in which we speak of "responsibility for the actions of others', 2 as, for example, when parents are made to respond in damages for their children or to the vehicle owner for damages caused by the driver because of the circulation.
Civil liability may be contractual or non-contractual . When the rule of law infringed is a law (broadly defined), we speak of torts, which in turn can be either tortious or criminal (if the damage was due to any act defined as a crime ) or quasi-delict willful or not (whether the injury originated in an involuntary fault). When the rule of law is breached an obligation under a declaration of individual will (contract, unilateral offer, etc.), this is known as contractual liability.
Index [ hide ]
1 Contractual liability
Two contractual liability
2.1 Requirements of tort
3 The cluster of responsibilities
4 Liability of public administration
5 Objective Liability
6 civil liability, criminal liability and moral responsibility
8 External links
Contractual liability [ edit ]
Main article: Contractual liability
The obligations are usually classified as methods and results, and this is of great importance in determining the contractual liability. The failure, which is one of the basic requirements for liability occurs will depend on the kind of obligation.
When a rule or contract require a person to a particular thing, be it an action or failure (to do or not do something), this obligation is considered to result. Such is the case of a carrier undertakes to carry certain goods to a particular destination. Here the responsibility is almost automatic, because the victim must only prove that the result has not been reached, then the defendant may not escape this responsibility, unless it can prove that the damage comes from a cause unrelated-for example, that due to a fortuitous event or force majeure .
Moreover, in cases where a standard or a contract to compel the debtor to act with prudence and diligence, the obligation is considered media. This is the case of an obligation that has a doctor regarding his patient, the physician has no obligation to heal, but to put their best efforts and knowledge to serve the patient, ie, to act in a prudent and diligent (although there are exceptions, as in some cases the doctor assumes an obligation of result, as in the cosmetic surgery voluntary). In these cases, the burden of proof is on the victim or plaintiff , who must prove that the agent was negligent or reckless in carrying out their duties.
For the obligation of means is more difficult to prove liability, since failure depends not only not have achieved the result (in the above example, healing the patient), but would have to prove that it could be possible to have achieved, if the obligor had acted properly.
Tort [ edit ]
Arises when damage or injury does not arise in a contractual relationship, but in any other type of activity.
The tort, delict or tort liability can be defined as that which exists when a person causes, either by itself, by another of responding or a thing belonging to or having an injury to another person for which was not bound by a previous mandatory link related damage. This area of civil law is also known as civil crimes and torts (sources of obligations). The main sources of non-contractual obligations are the illegal act and business management .
A tort case is one that can arise for damages caused to third parties as a result of activities that create risks to people outside the same as driving a car or the development of an industrial activity.
Another assumption is that of liability for property damage caused by themselves: when an element of a building and cause injuries who goes under or when someone is injured by the poor condition of the soil is apparent. He also is responsible for damages that originate from animals that owner is.
Responsibility may have originated in acts of another person, why should a parent respond to the damages caused by their minor child; an employer by causing their employees; and an educational establishment by those caused by their students.
Requirements tort [ edit ]
The tort liability under the relevant legislation (eg, articles 1066 and following of the Argentine Civil Code , 2314 et seq. the Chilean Civil Code , 1902 Spanish Civil Code ), understood as the obligation to repair the damage caused by both facts themselves and by the actions of others, requires the following assumptions:
The fact cause harm behavior, including actions and omissions. Often it is a human behavior, though law extends liability to acts of things (animals and objects belonging to the charge). This behavior should be unlawful and may or may not be their illicit origin. Is defined as unlawful behavior that violates the principle alterum non laedere comprising a number of duties that has needed correction and prudent behavior on third parties for the coexistence possible.
The damage or illegitimate property, rights or person own aggression. The damage compensable or repaired must be true, ie, actually existing. Hypothetical or possible damages are excluded. Besides the damage must be present but may include future damages when they emerge later as rational certainty. Are considered including both property damage as moral damages . Proof of damage, its extent and scope corresponds to the injured.
The causation and causal link between the behavior causing harm and damage. For as there are a number of causes of damage cause, we must determine whether they are all contributory causes ( theory of equivalence ) or if one of these causes is the only one that deserves to be the determining role of the damage. Different criteria are used to describe the cause as a determinant of the outcome: that the possible or likely cause which has caused the damage ( theory of adequate cause ), the fact is the closest to the damage ( theory of the cause next ) or the act to be the most efficient or most decisive force damage ( theory of efficient cause ).
The method of allocating responsibility . In principle, the Civil Code required solely based on fault or negligence of the agent (criterion because opinion or theory ), but at present different criteria to accept blame , as the intent or awareness that the behavior causes damage the risk or creating a hazard ( risk theory ) and automatic assumptions or attribution ex lege liability ( strict or strict theory ).
The cluster of responsibilities [ edit ]
When the breach of a contractual damages caused by such failure arise, you are in the presence of what modern doctrine has called cluster responsibilities . This assumption is verified when coexist in the same cause and contractual obligations as a result of your breach contractual obligations. Such is the case of breach of a contract term of an obligation, such as where the performance of a musical group in an event; breach of that contractual obligation would entail serious consequences, which would verify damages and would give rise to a contractual obligation.
Liability management [ edit ]
Main article: State Responsibility
The responsibility takes particular characteristics when the loss or damage is caused by the public administration .
Although generally the administration incurs responsibility for their abnormal, irregular or illegal act (what is known in the legal systems inspired by French lack of service ), in some countries (eg Spain ) or under certain assumptions can incur liability also by normal action without there has been no irregularity in the event producing the damage.
In such cases you are required a degree more severe than the individual responsibility, and often comes to strict liability, liability for damages caused without willful misconduct or fault .
In exceptional cases, the State may be liable for damages caused by the creation of legal rules apply, including laws (state liability legislature ) when concrete is harmful to some people, but looking good for the generality of the recipients . This is usually based liability without fault on the notion of unequal discharge of public burdens.
The State may also be responsible for errors judicial , for accidents caused by poor road conditions, etc.
Objective liability [ edit ]
The main objective of civil liability is seeking redress, which is to restore the balance that existed between the assets of the tortfeasor and heritage of the victim before suffering the injury. The liability aspect has a preventive , which leads citizens to exercise caution to avoid compromising their responsibility; and punitive aspect of financial penalty .
The preventive role can actually be discussed, since an accountability system based on subjective factors of attribution favors prevention. Moreover, accountability systems that base their institutional form in an injury and prevention systems are really residual or subsidiary role. Thus, some are advocating that the harsh terms of the objectives which accountability systems, based on a penalty hardly excusable, certainly favors prevention ( risk created ).
Civil liability, criminal liability and moral responsibility [ edit ]
It is important to distinguish the liability of criminal responsibility , as the latter seeks to designate the person who must answer for the damages caused to the society as a whole, not a particular individual. At the same time, all these species of legal liability must be distinguished from moral responsibility , in which the perpetrators are not liable for their actions to the society , but to his own conscience .
Criminal liability for damages are social in character, as they are considered offenses against the public order severe enough to be strongly retained and be erected on infractions . Criminal sanctions have an essentially punitive and repressive function, and seek only incidentally prevention (either through intimidation and deterrence, or through the rehabilitation of the offender, his or her rehabilitation reintegration ).
Liability try to ensure that victims of private repair damage that has been caused, and tries to put things in the state they were in before the damage and restore the balance that has disappeared among the group members. For these reasons, the sanction of civil liability is, in principle, for compensation and not repressive .
It is noteworthy that the two legal branches can coexist in the same event. That is, you can apply a custodial sentence , without prejudice to the civil liability that might result in having committed an unlawful act or lawful.