I PKN 319/00
AI generated
Employer liable for employee's TB infection from coworker under risk principle, force majeure rejected.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of the plaintiff's claim for damages against the employer. The court found that the plaintiff contracted tuberculosis from a coworker through normal contact during work and housing, which does not constitute force majeure. Consequently, the employer remains liable under the risk principle for the injury sustained during employment.
Legislator headnote
AI generatedArt. 435 § 1 KC; Art. 393 § 1 KPC: An employer is liable for damages caused to an employee by infection from a coworker, as such contact is a normal internal risk and does not qualify as force majeure.
Keywords
AI generated
employer liability
force majeure exclusion
tuberculosis infection
risk principle
employee injury
coworker contact
appellate review
Cited Legislation
AI generatedArt. 435 § 1 KC
Art. 393 § 1 KPC