Employee liability for entrusted property damage dismissed if independent causes are proven with high probability.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal, overturning the lower court's dismissal of the employee's appeal. The employee argued he was not liable for a warehouse shortage because it resulted from independent events, specifically the employer's failure to secure the premises during his absence. The court found that the lower court correctly applied Article 124 § 3 of the Civil Code by requiring proof of independent causes, and rejected the claim that the failure to conduct an on-site inspection violated the right to defense.
Legislator headnote
AI generatedArt. 124 § 3 k.c.; Art. 393 § 1 k.p.c.: An employee is exempt from liability for damage to entrusted property if they prove with high probability that the loss resulted from events independent of them, and the failure to conduct a requested on-site inspection does not constitute a violation of the right to defense if the evidence was deemed irrelevant.