Legislator Case Law & Legislation
II UKN 174/98 AI generated

Supreme Court dismisses cassation, allowing partial compensation reduction due to plaintiff's contributory negligence from smoking.

Case Number II UKN 174/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 362 KC
Art. 445 KC
Art. 233 § 1 KPC
Art. 393 § 12 KPC

Cited Case Law

AI generated
III CZP 8/75

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