Legislator Case Law & Legislation
II UKN 129/97 AI generated

Employer not liable for employee's own vehicle accident caused by employee's negligence under risk liability rules.

Case Number II UKN 129/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking compensation for a work-related accident. The employee, driving his own vehicle to replace a night shift supervisor, fell asleep at the wheel and collided with another truck. The court held that the employer was not liable because the vehicle belonged to the employee and the accident resulted solely from his negligence, excluding the risk liability regime. Consequently, the cassation was rejected for lack of justified grounds under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 436 § 1 KC; Art. 435 § 1 KC: The employer is not liable for damages caused by an accident involving a vehicle owned by the employee, as the risk liability rule applies only to the owner-driver, not the employer in such circumstances.

Keywords

AI generated
employer liability risk liability employee vehicle work accident negligence cassation appeal civil procedure code

Cited Legislation

AI generated
Art. 436 § 1 KC
Art. 435 § 1 KC
Art. 441 KC
Art. 393 § 12 KPC

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