Landskrona-fallets (NJA 2013 s. 145) påverkan beträffande socialtjänstens handläggning - Skadeståndsrättsliga och praktiska konsekvenser ; Impact of the Landskrona case (NJA 2013 p. 145) on the management of the social services – damages and practical consequences

A 13-year-old girl had been in custody for compulsory treatment by the Social Welfare Board in Landskrona, Sweden, for nearly two years. During a temporary placement at her mother’s residence, the girl left the premises and went to Landskrona city center where she put a department store on fire. The damage amounted to roughly 60 million Swedish kronor (SEK). The affected insurance companies sued Landskrona Municipality (principal of the Social Welfare Board), and claimed it to be liable for the occurred damages as a result of negligent omission. This gave rise to the precedent setting court case which would later be referred to as the “Landskrona case”. The ruling contains a thorough review of how Swedish tort law is to be applied regarding liability due to inaction. To some extent it also includes the Swedish Supreme Court's (Högsta Domstolen) view on the accountability of authorities, and particularly the social services obligation to document decisions and measures that are taken within its authority. The Swedish Supreme Court ruled in favor of the insurance companies and implemented a new legal presumption which is applicable when the social services, under certain circumstances, have failed in their obligation make adequate documentation in regards to citizens in their care. The Landskrona case entailed a substantial change concerning the legal situation in regards to tort liability due to inaction. This thesis aims to examine the consequences of the Landskrona case from a legal perspective by investigating whether the presumed effects of the court case can be deemed desirable from an economic point of view as well as in regards to the individual citizen and his or her interest of a consistent and legally secure process (legal certainty). This study describes the general prerequisites of liability in accordance with Swedish tort law, although specific emphasis is directed towards the social services liability and documentation obligation based on applicable Swedish legal sources. The study furthermore .