Translation errors can have grave consequences for both clients and translators. The consequences of an incorrect translation may include financial losses, reputational damage, and even legal liability. In the case of official, legal, or medical documents, a single mistake can change the meaning of the content and influence decisions made by authorities, courts, or other institutions. It is therefore important to understand the regulations that apply and the circumstances in which a client may claim compensation.
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Legal Liability of Translators – Which Regulations Apply?
Translators are subject to different legal regulations depending on the nature of their work. In Poland, the Civil Code provides the general framework, while the Act on the Profession of Sworn Translator specifically regulates sworn translators.
In sworn translations, absolute fidelity to the source text is mandatory, as these documents carry full legal weight. The regulations define the translator’s duties, quality standards, and consequences of legal violations. In practice, this means that every translator is responsible for the accuracy and compliance of the translation with the original, and any mistake may result in liability for damages.
What Are the Risks for Sworn Translators?
Sworn translators carry significant responsibility, as certified translations have full legal force and serve as the basis for administrative, judicial, or notarial decisions. If a mistake occurs, disciplinary authorities may initiate proceedings, the translator may lose the right to practice, and in extreme cases, face criminal liability.
Sanctions include warnings, reprimands, temporary suspension of the right to practice, and, in the most serious cases, removal from the register of sworn translators, which permanently prevents them from working in the profession.
When Can Clients Claim Compensation?
Clients have the right to seek compensation if the consequences of a translation error cause financial or non-financial damage. Examples include losing the opportunity to sign an important contract, incurring legal costs to correct or defend their interests, losing existing or potential clients, or suffering reputational damage. In some cases, losses may also involve project delays of several months, loss of competitive advantage in a key market, or significant additional costs for preparing professional materials.
Compensation vs. Non-Material Damages – What Is the Difference?
Compensation covers material damages, meaning measurable financial losses suffered by the client, such as lost revenue, costs of preparing documents again, or expenses related to repairing the effects of the error.
Non-material damages cover immaterial harm, such as damage to reputation, mental distress, discomfort, or other negative experiences that can affect private or professional life. In practice, a client may pursue both forms of compensation simultaneously if a translation error caused financial losses and harmed their personal or professional reputation.
Contractual or Tort Liability – What Does It Mean in Practice?
Contractual liability arises when there is an agreement between the translator and the client, and the translation does not meet contractual terms, such as quality requirements or delivery deadlines. In this case, the basis for claims lies in the contract and the Civil Code provisions on failure to perform or improper performance of obligations.
Tort liability, on the other hand, occurs when damage results from a wrongful act, such as gross negligence or deliberate harm to the client, even if no formal contract exists between the parties. This distinction is crucial, as it determines the legal grounds for claims and may influence the scope and extent of the translator’s liability.
How Can Translators Protect Themselves Against Legal Consequences?
Translators can significantly reduce the risk of errors by implementing multi-stage quality control procedures. These should include independent proofreading, verification of terminology against industry glossaries, and consistency checks across the entire document. For medical, legal, and technical content, consulting subject-matter experts is essential, as precision plays a critical role.
Continuous professional development, through training, conferences, and language courses, also helps maintain exacting standards. Another effective safeguard is professional liability insurance, which can cover court costs, damages, or other expenses in the event of claims. Collaborating with a professional translation agency is also valuable, as agencies often provide additional verification stages, teamwork, and specialized tools, which minimize risks and improve quality.
How Do We Prevent Translation Errors?
Effective prevention begins with thorough preparation before starting a project. This includes understanding the context, subject matter, and client expectations. Using professional translation tools and ensuring multi-level verification by a second translator or experienced proofreader are essential. For specialized content, ongoing cooperation with industry experts adds significant value, ensuring factual correctness and compliance with current standards and terminology.
Summary
Translation errors can result in serious legal and financial consequences, including material losses and reputational harm. This is why it is crucial for both translators and clients to understand the applicable regulations, know the principles of liability, and apply them in practice.
A high degree of diligence, professionalism, and effective safeguards, such as quality control, expert consultation, and liability insurance, are key to minimizing risks and ensuring translations that meet the highest quality standards while remaining legally sound.