Legislator Case Law & Legislation
II UKN 522/98 AI generated

Employer liability for work accident due to providing unsafe ladders under Civil Code Art. 415.

Case Number II UKN 522/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower courts' decision that the employee bore sole responsibility for a work accident caused by an unsafe ladder. The employer argued the employee, as an experienced worker, should not have used the defective equipment without a safety chain. However, the court ruled that the employer's duty to provide safe tools and tolerate their use by subordinates establishes employer liability under Article 415 of the Civil Code. Consequently, the case was remanded for a new assessment of the employer's civil liability based on this statutory provision.

Legislator headnote

AI generated

Art. 415 KC; Art. 435 KC: The employer is liable for work accidents caused by providing unsafe tools or tolerating their use, shifting the risk of business operations to the employer rather than the employee.

Keywords

AI generated
employer liability work accident unsafe equipment Civil Code 415 employee negligence safety equipment remand for retrial

Cited Legislation

AI generated
Art. 415 KC
Art. 435 KC
Art. 393 § 15 KPC

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