Legislator Case Law & Legislation
II PK 307/09 AI generated

Employee held liable for entrusted property damage under Art. 124 k.p. despite lack of employer fault.

Case Number II PK 307/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a lower court judgment ordering him to pay for stolen company property. The employee argued that the employer failed to pursue insurance claims and prematurely accepted liability, yet the court found no grounds to reduce his responsibility. Consequently, the court ruled that the employer's decision to pay damages based on civil law contract terms did not exempt the employee from liability for negligence.

Legislator headnote

AI generated

Art. 124 k.p.; Art. 117 § 1 k.p.: An employee remains liable for damage to entrusted property even if the employer voluntarily pays the owner, as the employer independently assesses litigation risks and cannot be held responsible for the owner's failure to exhaust insurance remedies.

Keywords

AI generated
employee liability entrusted property negligence standard employer payment insurance claim cassation appeal civil code

Cited Legislation

AI generated
Art. 124 k.p.
Art. 117 § 1 k.p.
Art. 398 § 14 k.p.c.
art. 124 k.p
art. 115 k.p
art. 100 § 2 pkt 4 k.p
art. 114 k.p
art. 120 § 2 k.p
art. 355 § 1 k.c
art. 300 k.p

Cited Case Law

AI generated

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