II UKN 174/98
AI generated
Supreme Court dismisses cassation, allowing partial compensation reduction due to plaintiff's contributory negligence from smoking.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that reduced employer liability by 50%. The plaintiff claimed lung cancer resulted from workplace conditions, but the appellate court found he contributed to the illness through his own habit of smoking. The court held that establishing the plaintiff's contributory negligence is sufficient grounds to reduce damages, rejecting the argument that this automatically negates the employer's liability.
Legislator headnote
AI generatedArt. 362 KC; Art. 445 KC: If the victim contributed to the occurrence or increase of damage, the obligation to repair it must be reduced accordingly, and such contribution serves as a basis for reducing compensation even without fault.
Keywords
AI generated
contributory negligence
workplace injury
reduction of damages
cassation appeal
employer liability
tobacco smoking
medical expert opinion
Cited Legislation
AI generatedArt. 362 KC
Art. 445 KC
Art. 233 § 1 KPC
Art. 393 § 12 KPC
Cited Case Law
AI generatedIII CZP 8/75