Civil tort liability in the context of urban explosions and accidents in Romania

Liability in the case of urban explosions and building accidents

Tort liability represents the legal institution through which a person is obliged to repair the damage caused by an unlawful act committed with fault, pursuant to Articles 1349–1395 of the Romanian Civil Code. It is one of the fundamental forms of civil liability in Romania, aiming to restore the patrimonial balance affected by an individual’s action or omission. Furthermore, Law no. 196/2018 on homeowners’ associations imposes clear rules regarding the duties of owners and associations in maintaining and managing common property areas, in order to prevent accidents and unforeseen events such as fires or explosions. The explosion in Rahova serves as a practical illustration of how the principles of tort law in Romania are applied, highlighting their importance in regulating legal relationships pertaining to shared property. This article examines the conditions of tort liability, what constitutes an unlawful act, the nature of the damage, and the obligation to compensate, as established under the Civil Code and Law no. 196/2018, as well as the ways in which a civil lawyer in Romania may assist injured parties in filing an action for damages in Romania and obtaining both material and moral compensation.

The The Romanian Law Firm Pavel Mărgărit and Associates is internationally recognized for its extensive experience in civil disputes in Romania and tort liability, recommending consultation with a litigation lawyer in Romania, plaintiff or defense attorneys in Romania, and a litigator in Romania who can provide professional legal representation in initiating an action for damages in Romania and recovering losses suffered by individuals or entities.

Liability lawyer in Romania. What civil tort liability means – Legal basis in Romania

Tort liability constitutes a cornerstone of tort law in Romania, ensuring full reparation of the damage caused to another person through unlawful conduct. For civil liability in Romania to be established, several conditions must be met: the existence of an unlawful act, a proven and certain damage, fault, and a causal link between the act and the damage, according to Article 1357 of the Civil Code. An unlawful act may consist of any action or omission that breaches legal provisions and causes harm to another person, giving rise to the right of reparation. Fault may take the form of intent, negligence, or imprudence, depending on the circumstances of the act. Failure to exercise due diligence, omission to prevent a foreseeable risk, or improper execution of an activity may all justify tort liability. In such circumstances, the elements of civil liability in Romania must be proven by the claimant filing the action for damages in Romania. Determining fault and establishing liability require a complex legal and factual assessment of the circumstances and applicable norms.

A litigator in Romania or liability lawyer in Romania experienced in civil disputes in Romania can evaluate evidence, assess the extent of the harm, and draft an action for damages in Romania, claiming compensatory damages, moratory damages, or other forms of reparation depending on the gravity of the prejudice. The Romanian Law Firm Pavel Mărgărit and Associates recommends seeking a litigation lawyer in Bucharest specialized in tort law in Romania, capable of providing expert advice and full legal representation in matters of contractual liability, civil disputes in Romania, and recovery of damages, including those involving international elements of civil liability in Romania.

Civil lawyer in Romania. Obligations of property owners and tenants’ associations in Romania – Maintenance, safety, and prevention

Proper administration of common areas in condominiums constitutes a legal obligation of all property owners, pursuant to Law no. 196/2018 on the establishment and functioning of homeowners’ associations. Owners and tenants are required to use shared spaces (basements, roofs, plumbing, gas, electrical systems, sewage, and other facilities) without infringing on others’ rights or causing unauthorized damage or alterations. Expenses related to maintenance, repairs, or reconstruction must be borne collectively, proportionally to each owner’s share. Decisions regarding such works are adopted by the general assembly of the association, and the administrator is legally obliged to implement them.

Damage to common property caused by the fault of an owner or tenant entails tort liability under the Civil Code, obliging the responsible party to repair the harm caused to other co-owners. Failure to comply with maintenance duties, denial of access for technical inspections, negligence in using shared utilities, or refusal to contribute to common expenses may constitute an unlawful act and give rise to civil liability in Romania. The liable person may be ordered to pay material damages, compensatory damages, or, where appropriate, moral damages.

In such situations, a litigator in Romania or civil lawyer in Romania may provide specialized legal advice regarding the applicable legal framework, evaluation of tort liability, and the preparation of an action for damages in Romania to recover losses. The legal team at Pavel, Mărgărit & Associates offers comprehensive legal services through a team of litigation lawyers in Bucharest, plaintiff or defense attorneys in Romania, andcompensation lawyer in Romania, with extensive experience in civil disputes in Romania, real estate disputes in Romania, and tort law in Romania, ensuring strategic representation and effective protection of clients’ rights, including in cross-border cases involving contractual liability or property-related compensation.

Litigation lawyer in Romania. Liability of public authorities and utility providers in Romania – When it can be engaged

Where investigations reveal that public authorities have failed to fulfill their legal obligations, they may be held administratively and financially liable for the damage caused, pursuant to Law no. 554/2004, particularly Article 8 paragraph (1) in correlation with Article 19. This provides for the initiation of an administrative tort action before the administrative litigation court. A defining characteristic of this liability is that the fault of the authority is not required to be proven by the claimant; it is presumed or even unnecessary (strict liability). The condition of the unlawful act is satisfied by the mere finding of the illegality of the administrative act that produced the harm. The victim must only prove the existence of the damage and the causal link between the unlawful act and the prejudice suffered, the action for damages in Romania being subject to a one-year limitation period.

Moreover, tort liability may also be engaged with respect to public utility service providers (gas, electricity), whether they are public legal entities (autonomous administrations) or private entities (commercial companies), where the damage does not stem directly from an administrative act but from negligent or improper operation of their systems or services. Such providers may be held liable under the general provisions of tort law in Romania, specifically Article 1357 of the Civil Code, upon proof of a certain damage (material or moral), an unlawful act (such as ignoring reported technical defects), and a direct causal link between the act and the resulting explosion.

A litigation lawyer in Bucharest and liability lawyer in Romania can provide legal advice on filing an action for damages in Romania, evaluating the extent of the prejudice, and pursuing compensation through the competent courts. The law firm Pavel, Mărgărit & Associates offers full legal representation through a dedicated team of litigators in Romania, plaintiff or defense attorneys in Romania, compensation lawyer in Romania, and litigation lawyers in Romania with significant experience in civil disputes in Romania, tort liability, contractual liability, and real estate disputes in Romania, ensuring effective advocacy and full protection of clients’ rights in complex legal proceedings.

Compensation lawyer in Romania. Compensation and insurance – How victims can seek justice in Romania

Following unforeseen events, victims may obtain compensation from their insurer, provided that they have concluded a policy covering the incident in question. The procedure involves clear steps, starting with prompt notification of the damage and followed by the assessment performed by the insurer’s inspector. Many home insurance policies cover incidents such as fires, explosions, natural disasters, vandalism, and theft. However, basic protection against catastrophic risks (earthquakes, floods, landslides) is offered only under the mandatory PAD policy, which provides limited compensation, while additional risks—including everyday ones like fires or water damage—require separate optional policies. The compensation process begins with notifying the insurer within the contractual term (typically 24–72 hours), presenting evidence such as photographs or official reports. The insurance company then sends an evaluator to document the incident, and based on the report, the insurer determines and pays the due compensation amount—either the fixed PAD amount or that calculated according to the insured value in the optional policy.

If a dwelling is destroyed due to an emergency situation, victims may also obtain emergency aid and compensation from the state and local authorities under Article 18 of Law no. 481/2004 on civil protection. These funds are intended to support survival and initial recovery, being granted upon request to the mayor and based on official assessment reports. Financial resources are drawn from local budgets or the Government’s reserve fund, ensuring direct support for the purchase of essential goods or reconstruction materials.

“In the context of applying tort liability to cases involving accidents, explosions, or other unforeseen events, it is essential to seek assistance from a civil lawyer in Romania specializing in tort law in Romania to ensure compliance with all procedural requirements and to safeguard the legitimate rights and interests of all parties involved,” stated Dr. Radu Pavel, Managing Partener at Pavel, Mărgărit & Associates.

In conclusion, tort liability remains a fundamental legal mechanism ensuring full reparation for any damage caused by an unlawful act, whether resulting from accidents, explosions, or other unforeseen events, in accordance with the provisions of tort law in Romania and the Civil Code. Through a properly substantiated action for damages in Romania, injured parties can obtain material damages, compensatory and moratory interest, thereby ensuring a fair and comprehensive recovery of losses. In this context, the Romanian Law firm Pavel, Mărgărit & Associates recommends consulting a litigation lawyer in Romania, a litigation lawyer in Bucharest, or a civil lawyer in Romania specialized in tort liability and contractual liability, who can provide professional legal advice and representation tailored to the complexity of each case, ensuring the protection of clients’ rights and legitimate interests in all stages of legal proceedings.

Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2025, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2025 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.