II UKN 20/97
AI generated
Supreme Court allows civil compensation reduction for employee's smoking contribution to occupational lung cancer death.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially overturned a lower court's decision regarding civil compensation for a worker's family after his death from occupational laryngeal cancer. While the court confirmed the employer's liability for the disease caused by workplace hazards, it recognized the employee's long-term smoking as a contributing factor. Consequently, the court remanded the case to the appellate court to determine the specific extent of the employee's contribution and adjust the compensation accordingly.
Legislator headnote
AI generatedArt. 362 KC; Art. 415 KC w zw. z art. 446 KC: Compensation for occupational disease death may be reduced proportionally to the degree to which the victim contributed to the disease's development through their own actions.
Keywords
AI generated
occupational disease compensation
contributory negligence
laryngeal cancer
tobacco smoking
civil liability reduction
workplace safety
causation assessment
Cited Legislation
AI generatedArt. 362 KC
Art. 415 KC
Art. 446 § 1 KC
Art. 446 § 2 KC
Art. 446 § 3 KC
Art. 435 KC
Art. 393 § 1 KPC