Legislator Case Law & Legislation
II UKN 259/98 AI generated

Supreme Court dismisses contributory negligence claim without establishing employer liability first under Polish Civil Code.

Case Number II UKN 259/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's cassation appeal regarding contributory negligence in a workplace accident case. The lower court had found the employee significantly contributed to the accident without first determining the employer's liability or fault. The court ruled that Article 362 of the Civil Code cannot be applied to reduce compensation unless the employer's liability and fault are established first.

Legislator headnote

AI generated

Art. 362 KC; Art. 435 § 1 in fine KC: Contributory negligence cannot be attributed to the victim without first establishing the basis of the tortfeasor's liability.

Keywords

AI generated
contributory negligence workplace accident employer liability Civil Code casation appeal reduction of damages fault determination

Cited Legislation

AI generated
Art. 362 KC
Art. 435 § 1 in fine KC
Art. 393 § 1 KPC

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