Legislator Case Law & Legislation
II UKN 435/00 AI generated

Supreme Court dismisses appeal; 10-year statute of limitations for tort damages runs from the injury date, not discovery.

Case Number II UKN 435/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's award of compensatory pension to a worker injured in an industrial accident. The plaintiff argued that a new disability assessment in 1992 constituted a separate damaging event, which would reset the statute of limitations. The court rejected this, ruling that the 1992 assessment was merely a consequence of the original 1970 accident and did not create a new independent tort. Consequently, the ten-year limitation period expired in 1980, regardless of when the plaintiff learned of the specific disability classification.

Legislator headnote

AI generated

Art. 442 § 1 zdanie drugie KC; Art. 393 § 12 KPC: The ten-year statute of limitations for damages arising from a tortious act runs from the date the damaging event occurred, not from the date the victim discovered the damage, provided the event and damage are causally linked.

Keywords

AI generated
statute of limitations tort damages industrial accident compensatory pension separate event disability assessment Supreme Court

Cited Legislation

AI generated
Art. 442 § 1 zdanie drugie KC
Art. 393 § 12 KPC

Cited Case Law

AI generated
II CR 594/74
III PZP 37/67

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