Legislator Case Law & Legislation
I PKN 2/97 AI generated

Self-inflicted illness does not constitute contributory negligence in work accident liability cases under Polish law.

Case Number I PKN 2/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's decision to reduce compensation for a work accident victim. The plaintiff argued that his pre-existing illness contributed to the accident, but the court ruled that an independent illness unrelated to his conduct cannot be considered contributory negligence. Consequently, the appeal was rejected, and the case was remanded for a new trial to properly assess damages.

Legislator headnote

AI generated

Art. 362 KC; Art. 361 § 1 KC; A self-inflicted illness independent of the victim's conduct cannot be recognized as contributory negligence in work accident liability cases.

Keywords

AI generated
work accident liability contributory negligence self-inflicted illness independent cause civil compensation Supreme Court ruling remand for retrial

Cited Legislation

AI generated
Art. 362 KC
Art. 361 § 1 KC
Art. 435 § 1 KC
Art. 445 § 1 KC
Art. 393 § 13 KPC
Art. 108 § 2 KPC

Cited Case Law

AI generated
II CR 379/67
III PR 183/77
II PR 41/68
I PR 224/69
III CZP 8/75

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