Civil liability law in Bhutan is still relatively new, having come into force with the Civil Liability Act 2023. While not widely reported, several judgments delivered in 2024 and early this year are providing insight into how courts are interpreting the act, particularly in cases involving negligence, duty of care, and personal injury. Although the cases were not reported in the media when they were decided, they illustrate how civil liability law is being applied in practice.
In March, the Thimphu district court asked a woman to pay Nu 365,000 to a man after her ox injured him on a public road. The incident took place in July last year. According to a medical report, the man suffered cervical bone fractures and head trauma that caused severe pain for over 20 days, disabled normal activities and were potentially life-threatening.
Her conduct following the incident demonstrated implied acceptance of liability. She visited the man in the hospital, provided food allowances and medical expenses without filing any complaint, and engaged in damages discussions with the man. The case reached the high court but the decision did not change.
Meanwhile, there were also dismissal of cases. The Dagana district court dismissed a case involving a vehicle breakdown after an oil replacement service. The court ruled that the plaintiff failed to provide credible expert evidence linking the engine failure to the servicing. The court stated that without conclusive proof, no damages could be awarded.
In another case, the Punakha district court dismissed a claim for a dog bite. While witnesses confirmed dogs were present near the defendant’s home, the court ruled there was no conclusive evidence proving ownership of the dog that bit the plaintiff.
These are some of the cases. Many more similar cases are in the court today. The Civil Liability Act ensures fair compensation and accountability for victims of negligence, focusing on prevention and responsibility. It sets clear rules for safety, encouraging people and businesses to avoid accidents and costly mistakes.
Samten Dolkar
Edited by Tandin Phuntsho
