I PK 298/07 AI generated

Supreme Court dismissed cassation appeal regarding family accident pension and civil compensation claims.

Case Number I PK 298/07

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2008-06-24

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a widow seeking additional civil compensation beyond a state accident pension. The lower court rejected her claim because the employer was not liable under tort law due to the absence of fault and a causal link between his medical examinations and the employee's death. The Supreme Court upheld this decision, noting that the appellant's arguments regarding the employer's negligence failed to establish a legal basis for civil liability.

Legislator headnote

AI generated

Art. 435 § 1 k.c.; Art. 415 k.c.; Art. 446 § 2 k.c.: The granting of a family accident pension does not preclude civil claims, but liability requires proof of fault and causation; mere negligence in medical monitoring without a causal link to the accident does not establish tort liability.

Keywords

AI generated

family accident pension civil compensation claims employer liability tort law negligence causal link absence cassation appeal dismissal workplace accident death

Cited Legislation

AI generated

Art. 435 § 1 k.c.

Art. 415 k.c.

Art. 446 § 2 k.c.

Art. 39813 § 2 k.p.c.

Art. 39814 k.p.c.

art. 435 k.c

art. 415 k.c

art. 446 § 2 k.c

art. 429 k.c

art. 435 § 1 k.c

Supreme Court dismissed cassation appeal regarding family accident pension and civil compensation claims.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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