Legislator Case Law & Legislation
I PKN 353/97 AI generated

Polish Supreme Court allows damages claim against employee, rejecting total dismissal based on contributory negligence.

Case Number I PKN 353/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Polish Supreme Court dismissed the cassation appeal filed by an employee against a lower court's total dismissal of a damages claim. The employee argued that the first-instance court erred by using Article 117 of the Civil Code to completely bar liability rather than merely reducing it based on the employee's contribution to the loss. The court ruled that the lower court correctly applied the law because the employee failed to prove the loss was independent of the employer, thereby allowing the claim to proceed.

Legislator headnote

AI generated

Art. 117 § 1 k.c.; Art. 124 § 3 k.c.: Article 117 of the Civil Code cannot serve as the basis for dismissing a claim in its entirety; it may only limit liability proportionally to the employee's degree of contribution to the damage.

Keywords

AI generated
employee liability contributory negligence civil code article 117 damages claim cassation appeal

Cited Legislation

AI generated
Art. 117 § 1 k.c.
Art. 124 § 3 k.c.
Art. 393 § 12 k.p.c.

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