II UKN 647/98
AI generated
Supreme Court dismisses claim for bodily injury damages as statute of limitations expired upon discovery of amputation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim for compensation and pension following a workplace accident involving finger amputation. The court held that the statute of limitations began when the plaintiff learned of the amputation on December 2, 1992, rather than when the disability pension was awarded. Consequently, the claim filed in 1996 was found to be time-barred under the Civil Code.
Legislator headnote
AI generatedArt. 442 § 1 KC; Art. 444 KC: The statute of limitations for bodily injury begins when the victim discovers the injury and the obligor, where discovery of injury means awareness of the health damage causing loss of work capacity, typically occurring at the time of medical treatment.
Keywords
AI generated
statute of limitations
bodily injury damages
workplace accident
discovery of injury
Civil Code provisions
amputation consequences
time-barred claim
Cited Legislation
AI generatedArt. 442 § 1 KC
Art. 444 KC
Art. 445 § 1 KC
Art. 393 § 15 KPC
§ 25 in conjunction with § 7 pkt 5 of the Minister of Justice Regulation of 12 December 1997
Cited Case Law
AI generatedIII CRN 101/86
I CR 245/84