Legislator Case Law & Legislation
I PKN 248/00 AI generated

Employee's non-negligent conduct cannot be deemed a cause of work injury when employer fault exists.

Case Number I PKN 248/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal regarding a work injury compensation claim. The lower court found the employee slipped on unsafe stairs but ruled his conduct lacked legal fault. The court held that since the employer's failure to provide safety guards was a cause of the accident, the employee's mere non-negligence could not be considered a contributing cause under the Civil Code.

Legislator headnote

AI generated

Art. 435 § 1 KC; Art. 362 KC: Where an employer's fault contributed to a work injury, an employee's conduct lacking legal fault or blameworthiness cannot be recognized as a cause of the damage.

Keywords

AI generated
work injury compensation contributory negligence employer liability legal fault assessment employee conduct civil code provisions casation appeal

Cited Legislation

AI generated
Art. 435 § 1 KC
Art. 362 KC
Art. 393 § 12 KPC

Cited Case Law

AI generated

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