II PK 286/08
AI generated
Employee liable for theft of entrusted property if employer failed to provide adequate security measures.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a judgment ordering a military employee to pay damages for a stolen vehicle. The court found that the employee was liable because the employer failed to equip the vehicle with standard security measures like an alarm, despite issuing a parking order. Consequently, the court ruled that the employer's negligence in providing security directly influenced the scope of the employee's liability under the relevant tort code.
Legislator headnote
AI generatedArt. 124 k.p.; Art. 125 k.p.: An employee bears material liability for damage to entrusted property if the employer failed to provide adequate security measures, and such failure influences the extent of the employee's liability.
Keywords
AI generated
employee material liability
entrusted property
employer security measures
theft of vehicle
tort code provisions
Cited Legislation
AI generatedArt. 124 k.p.
Art. 125 k.p.
art. 379 pkt 4 k.p.c
art. 328 § 1 k.p.c
art. 391 § 1 k.p.c
art. 124 § 3 k.p
art. 124 k.p
Cited Case Law
AI generatedI PKN 566/98
Employee liable for theft of entrusted funds due to negligence in transport security under Polish Civil Code.
II PK 69/06
Employer failed to provide adequate security for entrusted vehicle, making employee liable for theft.
III UK 97/07
Supreme Court dismissed cassation appeal due to missing delegation document and lack of admissible grounds for review.
I UK 337/07
I PK 304/03
Employee liable for theft of entrusted funds due to negligence in storage security despite independent criminal cause.