Legislator Case Law & Legislation
II UKN 633/00 AI generated

Supreme Court dismisses appeal on civil statute of limitations when criminal negligence cannot be proven.

Case Number II UKN 633/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding a work accident claim barred by the three-year limitation period. The plaintiff argued that a ten-year limitation should apply because the accident resulted from a criminal offense, but the lower courts found no evidence of criminal negligence or intent by the employer. The Court ruled that since the factual findings of no criminal act were not challenged procedurally, the three-year limitation period correctly applied, and the appeal was rejected.

Legislator headnote

AI generated

Art. 442 § 1, 2 KC; Art. 191 § 2 d. KK: The civil court may independently determine if a tort arose from a crime, but criminal liability requires proof of subjective fault which cannot be attributed to a legal entity.

Keywords

AI generated
statute of limitations work accident criminal negligence legal entity liability cassation appeal subjective fault civil procedure

Cited Legislation

AI generated
Art. 442 § 1 KC
Art. 442 § 2 KC
Art. 191 § 2 d. KK
Art. 191 § 1 d. KK
Art. 393 § 1 KPC

Cited Case Law

AI generated

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