Legislator Case Law & Legislation
II UKN 540/99 AI generated

Supreme Court dismissed cassation for failure to prove procedural error regarding non-notorious facts.

Case Number II UKN 540/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Aleksander W. against a lower court decision that rejected his claim for a work accident. The appellant argued that the lower court erred in treating the defendant's act of removing metal shavings with a match as a well-known fact, whereas the Court held such personal health precautions are not notoriety. The Court reasoned that individual reactions to eye injuries vary and cannot be assumed known to all reasonable people, thus requiring expert evidence rather than judicial presumption.

Legislator headnote

AI generated

Art. 228 § 1 KPC; Art. 393 § 1 KPC; Art. 393 § 2 KPC: Facts concerning human care for one's own health do not belong to the category of universally known facts and must be proven by evidence.

Keywords

AI generated
universally known facts notoriety in civil proceedings work accident compensation cassation procedure burden of proof expert opinion health precautions

Cited Legislation

AI generated
Art. 228 § 1 KPC
Art. 393 § 1 KPC
Art. 393 § 2 KPC

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