Work accident dismissal: No gross negligence found when employee unaware of faulty window rail failure.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's decision to reject the plaintiff's claim for a work accident protocol correction. The plaintiff argued she suffered injuries from a window rail failure while washing windows without proper equipment, claiming the employer's negligence was the sole cause. The court upheld the lower court's finding that the plaintiff did not commit gross negligence because she was unaware of the rail's improper fixation and could not have predicted the accident.
Legislator headnote
AI generatedArt. 8 ust. 1 ustawy o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; Art. 393 pkt 2 KPC; The Supreme Court held that an employee's participation in a work accident does not constitute gross negligence if they were unaware of the specific defect causing the injury, and cassation appeals must explicitly cite procedural violations with demonstrable impact on the outcome.