Legislator Case Law & Legislation
II UKN 76/98 AI generated

Minor child injured helping parents in farm work entitled to one-time compensation despite parental negligence.

Case Number II UKN 76/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court reversed the appellate court's dismissal, ruling that an eight-year-old child is eligible for one-time compensation after being injured while assisting parents in agricultural work. The lower court denied the claim based on the child's age and the parents' alleged gross negligence, arguing the child lacked the capacity for fault. The Supreme Court held that the statutory definition of 'nearest relative' includes minor children and that the prohibition on child labor does not negate the accident's status or exempt the parents from liability.

Legislator headnote

AI generated

Art. 10 ust. 1 pkt 2 ustawy z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników; The prohibition on employing children does not preclude a minor from claiming one-time compensation for an accident occurring while assisting parents in farm work, nor does parental negligence bar the claim when the minor cannot be held liable for gross negligence.

Keywords

AI generated
agricultural accident compensation nearest relative status minor child liability gross negligence defense child labor prohibition social insurance farmers parental supervision duty

Cited Legislation

AI generated
Art. 10 ust. 1 pkt 2 ustawy z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników
Art. 426 KC
Art. 427 KC
Art. 393 § 1 pkt 15 KPC

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