Legislator Case Law & Legislation
I UK 367/06 AI generated

Employer liability persists despite employee fault if other non-faulty causes also contributed to the damage.

Case Number I UK 367/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the cassation appeal, overturning the appellate court's dismissal of the employer's liability. The plaintiff, a factory worker, claimed damages after an accident, arguing the employer was solely responsible for safety violations. The court ruled that establishing the victim's fault does not absolve the employer if other non-faulty causes also contributed to the damage under the doctrine of adequate causal connection. Consequently, the employer remains liable unless they prove the victim's fault was the exclusive cause of the incident.

Legislator headnote

AI generated

Art. 435 § 1 k.c.; Art. 152 k.z.; The establishment of the victim's fault does not exempt the employer from liability if other non-faulty causes also contributed to the damage under the doctrine of adequate causal connection.

Keywords

AI generated
employer liability employee fault adequate causal connection exclusive fault workplace accident safety regulations burden of proof

Cited Legislation

AI generated
Art. 435 § 1 k.c.
Art. 152 k.z.
Art. 382 k.p.c.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 435 § 1 k.c
art. 362 k.c
art. 445 § 1 k.c
art. 444 § 2 k.p.c
art. 233 § 1 k.p.c

Cited Case Law

AI generated
I CO 44/59
II CR 233/73
I CO 29/56
I PR 97/70
III CZP 59/98

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