One of the basic principles of mandatory law is the prohibition of causing damage, which means that everyone is obliged to abstain from the procedure that can cause the damage to another. In this way, the legislator calls on all legal traffic participants to ban from the harmful treatment in advance, thus informing all potential perpetrators of the damage they commit unlawfully. Responsibility for damage is a liability in which one party is obliged to repair the damage to the other party, and the other is the first to claim damages. The assumptions of liability for damage have been determined by the legal theory and are five assumptions such as subjects responsibility for damage, the harmful action of a perpetrator, damage, causality between harmful actions and damage and unlawfulness. It is also important to point out two criteria for determining liability for damage such as liability on the basis of guilt and accountability based on the criterion of causality. The state as a participant in legal proceedings, at the same time the regulator of the legal formation, must bear the responsibility for the work of their bodies, just as the legal person is responsible for the damages of their employees. The trends of change in relation to state liability for damage is very positive and a big step forward in exercising the rights of individuals and their equality before the law.