Legislator Case Law & Legislation
I PK 256/07 AI generated

Employer liability for hearing loss allowed even if work was only one of several causes.

Case Number I PK 256/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim for damages against the coal mine employer. The plaintiff argued that years of exposure to excessive noise caused his progressive hearing loss, even though official inspections did not classify it as an occupational disease. The court held that employer liability exists even when the work condition was merely one of multiple causes and the health outcome was only indirectly linked to employment. Consequently, the case was remanded for a new judgment on damages.

Legislator headnote

AI generated

Art. 435 k.c.; Art. 3983 § 3 k.p.c.; Employer liability for damages may not be excluded even when the employee's current health status is only an indirect consequence of long-term work in harmful conditions, provided a causal link is established with sufficient probability.

Keywords

AI generated
employer liability hearing loss causal link occupational disease indirect consequence damages claim noise exposure

Cited Legislation

AI generated
Art. 435 k.c.
Art. 3983 § 3 k.p.c.
Art. 39815 k.p.c.
Art. 233 § 1 k.p.c.
Art. 361 § 1 k.c.
Art. 445 k.c.
Art. 444 k.c.
art. 435 k.c
art. 445 k.c
art. 300 k.p

Cited Case Law

AI generated

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