§ 9. Compensation claims become time-barred when you know enough about the damage and who is liable

§ 9 is about compensation claims. That means claims you have because someone has harmed you, your belongings, your finances or your rights. It also covers compensation for non-financial damage. This means money for non-financial harm, typically in cases of violations of personal integrity, violence or other serious matters.

The main rule is 3 years. But the period does not necessarily start on the day the damage happened. It starts when you gained, or should have obtained, the necessary knowledge of two things: the damage and the liable party. In other words, you must know enough to be able to pursue the claim.

This is an important difference from many other claims. An ordinary invoice (faktura) often becomes time-barred counting from the due date. A compensation claim under § 9 can start later, because you may not know straight away that you have suffered damage. You may also not know who is responsible.

But you cannot wait passively. The law says "gained or should have obtained" the necessary knowledge. This means the period can start running even if you did not actually know everything, if you should have looked into the matter. You cannot close your eyes and say the period never started.

The first paragraph also has special rules for claims under the Damages Act § 3-2 a. This concerns certain claims related to personal injury and future losses. If the claim is based on the third paragraph of that provision, the period starts at the earliest when the injured party became entitled to demand performance. In the event of a breach of the duty to notify under the fourth paragraph, the period is 6 years instead of 3 years. This is more specialised, but important in personal injury cases.

The second paragraph sets an outer limit of 20 years. Even if you did not have the necessary knowledge, the claim as a general rule becomes time-barred at the latest 20 years after the harmful act or the basis of liability ceased. This is an absolute end date for many compensation claims.

But there is an important exception for personal injury. The 20-year limit does not apply to personal injury if the injury was caused in business activity or similar, or while the injured party was under 18, and the liable party knew or ought to have known that the circumstances could entail a danger to life or serious harm to health. This exception is important for serious health damage that shows up late.

The third paragraph says that § 9 does not apply to claims arising from contract, except compensation for personal injury. This means that if your compensation claim is really about a broken agreement, you will often have to use other limitation rules. But if the breach of contract causes personal injury, § 9 may still apply.

When does the period start for compensation claims?

The period starts when you have the necessary knowledge of the damage and the liable party. This does not mean you have to know every detail. You do not need a finished valuation report, a full medical assessment or an exact amount in kroner. But you must know enough to be able to bring the claim.

If your car is hit while it is parked, and you see who did it, you usually have the necessary knowledge straight away. You know the car is damaged. You know who is liable. The 3-year period then starts running.

If you become ill from something at work, the situation can be more difficult. You may notice symptoms long before you know they are caused by the working environment. You may also not know who could be liable. The period may then start later, when you have enough knowledge to understand the connection.

But you must investigate. If you have clear signs of damage and possible causes, the law may say that you should have obtained the knowledge earlier. That may be enough for the period to start before you yourself feel you were completely certain.

"Necessary knowledge" is therefore something in between. You must know enough to act. You do not need to know everything. And you cannot fail to look into what it is reasonable to look into.

What is the difference between the damage and the liable party?

You must know about both. The damage is what has happened to you or your property. It can be physical harm, financial loss, damage to property or personal injury. The liable party is the person, company, employer, municipality, state or others who may be responsible for the damage.

Sometimes you know about the damage, but not who is liable. You discover water damage in your flat, but do not know whether it is caused by the neighbour, the housing co-operative or a tradesperson. The period under § 9 may then only start when you have the necessary knowledge of who is liable. But you must investigate.

Other times you know who is liable, but not the extent of the damage. You know a driver hit you, but you do not know how serious the neck injury will turn out to be. The period can still start running when you know you have an injury and who is liable, even if the final loss is not clear. In personal injury cases this can become complicated, especially with late-onset injuries and future loss of income.

For damage to property and financial damage, the assessment is often simpler. You discover the damage. You know who did it. Then you should send a claim (krav) quickly.

What does the 20-year limit mean?

The 20-year limit is an outer cut-off rule. It says that the claim as a general rule becomes time-barred at the latest 20 years after the harmful act or the basis of liability ceased. This applies even if you did not know enough earlier.

This rule gives predictability to the person who may be held liable. Old cases become difficult. Evidence disappears. Witnesses remember less. Documents are deleted. That is why the law says that many compensation claims cannot live forever.

But personal injury has an important exception. If the injury was caused in business activity or similar, or while the injured party was under 18, and the liable party knew or should have known that the circumstances could create a danger to life or serious harm to health, the 20-year limit does not apply. This can be important for serious injuries that only show up after a long time.

One example could be dangerous exposure at work. If a business knew or should have known that the conditions could cause serious harm to health, the injured party should not necessarily lose the claim just because more than 20 years have passed. This is strong protection for serious personal injuries.

Does § 9 apply if the case is about a contract?

As a general rule, no. The third paragraph says that § 9 does not apply to claims arising from contract. This means that if your claim is about someone not fulfilling an agreement, you will often have to use the ordinary rules in §§ 2 and 3.

Example: You buy a used car, and the car has a defect (mangel). Your claim against the seller arises from the purchase contract. In that case it is not automatically § 9 that governs limitation (foreldelse). You must look at the contract rules and the ordinary limitation rules.

But there is an important exception: compensation for personal injury. If the contractual relationship has led to personal injury, § 9 may apply. If a service provider makes a mistake that injures your body, the personal injury part is in a different position from a purely financial contractual claim.

This distinction is important. Many people use the word "compensation" about everything. But the Limitation Act distinguishes between compensation outside a contract and claims arising from a contract. You therefore have to ask: does the claim come from harm someone caused me outside an agreement, or does it come from an agreement not being properly fulfilled?

What happens if you get it wrong?

If you wait too long, the compensation claim can be lost. This can happen even if the damage is real. It can also happen even if the other party actually did something wrong. Limitation is about deadlines, not just about fault.

If you think the period only starts when you have all your papers ready, you may wait too long. You should instead send a preliminary claim. Write that you hold the liable party responsible, that you will come back to the amount, and that you ask for the claim to be confirmed. That way you have documented that the matter has been raised.

If the case concerns personal injury, you should be especially careful with dates. Note when you got symptoms. When you got a diagnosis. When you learned of a possible cause. When you learned who could be liable. Such dates can be decisive.

If the case concerns a contract, you must not automatically use § 9. You must consider whether the claim arises from the agreement. If it does, §§ 2 and 3 may be more important. In the case of personal injury, § 9 may still come into play.

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Send written notice as soon as you believe someone may be liable. You do not need to wait until you know the exact amount. Write what has happened, what damage you believe you have suffered, and who you believe may be liable.

Gather documentation. Take photos. Keep receipts. Ask for your medical records if it concerns personal injury. Get a valuation if it concerns a car, home or belongings. Make a timeline.

Do not wait for the other party to take responsibility on their own. The limitation period can run even while you are discussing the matter. If the deadline is approaching, you must make sure there is an interruption of the limitation period (fristavbrudd) in accordance with the rules in the Act.