Legislator Case Law & Legislation
II UKN 424/00 AI generated

Supreme Court dismisses appeal on liability by risk for natural force operation causing heart attack.

Case Number II UKN 424/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the shipowner against an award of damages for a worker's heart attack. The court found that the operation of the ship using natural forces created a risk independent of the employer's conduct, triggering strict liability under Article 435 § 1 of the Civil Code. Although the worker had a pre-existing condition, the court ruled that this did not break the causal link between the hazardous working conditions and the injury, thus upholding the liability.

Legislator headnote

AI generated

Art. 435 § 1 KC; Art. 361 § 1 KC; Art. 362 KC: Liability by risk for enterprises operated by natural forces applies regardless of the operator's fault or the victim's pre-existing condition, provided the harm is causally linked to the operation.

Keywords

AI generated
liability by risk natural force operation strict liability pre-existing condition causal link workplace accident civil code

Cited Legislation

AI generated
Art. 435 § 1 KC
Art. 361 § 1 KC
Art. 362 KC
Art. 393 § 1 KPC

Cited Case Law

AI generated

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