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I C 625/18 AI generated

Court awards partial compensation for death claims, reducing amounts by victim's contributory negligence percentage.

Case Number I C 625/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court awarded 15,000 PLN in compensation to four plaintiffs for the death of their father, dismissing the remainder of their claims. Plaintiffs sought 34,000 PLN total, arguing for full damages, while the defendant requested expert testimony on accident reconstruction and argued for reduced liability. The court accepted the emotional impact on the family but applied the victim's 40% contributory negligence established in prior proceedings, reducing the award by that percentage and dismissing unsupported cost claims.

Legislator headnote

AI generated

Art. 415 k.c.; Art. 362 k.c.; Art. 481 § 1 k.c.; Art. 100 k.p.c.: Where a victim's contributory negligence is established in prior proceedings, the civil court must apply that same percentage to reduce the awarded non-material damages, and claims not supported by the established facts are dismissed.

Keywords

AI generated
non-material damages contributory negligence death of relative civil liability partial compensation costs of proceedings statutory interest

Cited Legislation

AI generated
Art. 415 k.c.
Art. 362 k.c.
Art. 481 § 1 k.c.
Art. 100 k.p.c.
art. 177 § 2 k.k
art. 11 k.p.c
art. 446 § 4 k.c
art. 446 k.c
art. 446 § 3 k.c
art. 362 k.c

Cited Case Law

AI generated
I ACa 1522/14
Appellate court reduces compensation and interest dates in tort claim while dismissing appeal on merits.
AI generated
I C 1/15
Court partially allowed tort claim for death in family, awarding 30% damages and interest.
I C 743/19
Court awards additional compensation and interest for delay after insurer undervalued death claim.
I C 76/17
Civil court dismissed partial claim for damages against insurer, allowing interest from claim date.
II Ca 2030/16
Court dismissed appeal in traffic accident death case, upholding compensation for grief and mental suffering.
I C 10/15
Court partially allowed death compensation claims against an insurance company for a traffic accident victim.

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