I PK 249/10 AI generated

Court allows claim that loan installments for a disability-adapted home are damages under Civil Code Art. 444 § 1.

Case Number I PK 249/10

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2011-08-03

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and awarded the plaintiff 900 zloty in cassation costs. The court held that loan installments paid for a new, disability-adapted apartment constitute damages under Article 444 § 1 of the Civil Code because the employer's liability for the workplace accident necessitated the housing change. Consequently, the statute of limitations begins with each installment payment rather than the purchase date, preventing the claim from being time-barred.

Legislator headnote

AI generated

Art. 444 § 1 k.c.; Art. 442 k.c.; damages for personal injury include all costs resulting from the injury; the statute of limitations for compensation claims arising from such costs begins when the specific cost (e.g., loan installment) is incurred, not when the initial injury occurred.

Keywords

AI generated

personal injury damages Civil Code Article 444 statute of limitations workplace accident liability housing adaptation costs future damages employer responsibility

Cited Legislation

AI generated

Art. 444 § 1 k.c.

Art. 442 k.c.

Art. 2 of the Act of 16 February 2007 on amending the Civil Code

Art. 398 § 14 k.p.c.

art. 444 § 1 k.c

art. 444 § 2 k.c

art. 5 k.c

art. 361 k.c

art. 362 k.c

art. 120 k.c

Cited Case Law

AI generated

III CO 38/62, OSNCP 1965 nr 2, poz. 21

decision of the seven-judge panel of the Supreme Court dated 15 October 2008

Court allows claim that loan installments for a disability-adapted home are damages under Civil Code Art. 444 § 1.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

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