Legislator Case Law & Legislation
II UKN 158/97 AI generated

Employer liability dismissed when employee's sole negligence caused work accident, excluding employer's risk liability.

Case Number II UKN 158/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment and dismissed the plaintiff's claim for damages against the employer. The court found that the regional court incorrectly applied the employer's risk liability rule without properly establishing the employee's sole negligence as the exclusive cause of the accident. Consequently, the court ruled that the employer's liability was excluded because the employee's own fault was the only reason for the injury. The plaintiff was ordered to pay the defendants' legal costs as a result of the dismissal.

Legislator headnote

AI generated

Art. 435 § 1 KC; Art. 445 § 1 KC: Employer liability under the risk principle is excluded only if the victim's fault constitutes the exclusive cause of the damage, regardless of the degree of fault.

Keywords

AI generated
employer risk liability employee sole negligence work accident damages exclusion of liability exclusive cause of damage

Cited Legislation

AI generated
Art. 435 § 1 KC
Art. 445 § 1 KC
Art. 328 § 2 KPC
Art. 233 § 1 KPC
Art. 98 § 1 KPC
Art. 393 § 15 KPC

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