Legislator Case Law & Legislation
I UK 97/05 AI generated

Supreme Court dismissed appeal; employer not liable for worker's fall on wet stairs as no statutory risk liability applies.

Case Number I UK 97/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that rejected his claim for compensation. The plaintiff, an electrician, fell on wet stairs while performing work duties, but the court found the employer not liable under strict liability statutes because the housing cooperative did not qualify as a facility operated by natural forces. Furthermore, the court upheld the lower court's finding that the employer was not at fault for the wet conditions, which were deemed an unavoidable risk despite the employer's duty to maintain safety.

Legislator headnote

AI generated

Art. 435 § 1 k.c.; Art. 415 k.c.; A housing cooperative is not a facility operated by natural forces under Art. 435 § 1 k.c. if it does not conduct construction or repair activities as a separate entity using machinery on a large scale, and the employer is not liable for accidents caused by natural elements unless they are inherent to the facility's operation.

Keywords

AI generated
strict liability natural forces employer negligence workplace accident housing cooperative casation appeal statutory provisions

Cited Legislation

AI generated
Art. 435 § 1 k.c.
Art. 415 k.c.
Art. 393 § 12 k.p.c.
Art. 102 k.p.c.
art. 435 § 1 k.c
art. 53 § 1 pkt 1 k.p
art. 415 k.c
art. 435 k.c
art. 445 k.c
art. 385 k.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text