Employee liable for theft of entrusted funds due to negligence in transport security under Polish Civil Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against a judgment ordering him to pay for stolen funds. The court found that the employee, a chief accountant, failed to exercise elementary diligence by leaving a large sum of cash unsecured in his car during a tire change. Consequently, the court ruled that the theft was not an independent cause but rather significantly facilitated by the employee's negligent behavior. The decision established that an employee cannot claim exemption from liability if their negligence substantially contributed to the loss of entrusted property.
Legislator headnote
AI generatedArt. 124 § 1, Art. 124 § 3 k.c.: An employee remains liable for damage to entrusted property if the damage was caused primarily by reasons for which the employee is responsible, even if a third party's wrongful act (such as theft) occurred, provided the employee's negligence facilitated the loss.