Legislator Case Law & Legislation
I PKN 319/00 AI generated

Employer liable for employee's TB infection from coworker under risk principle, force majeure rejected.

Case Number I PKN 319/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 435 § 1 KC
Art. 393 § 1 KPC

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