II UK 83/04
AI generated
Supreme Court dismissed appeal, ruling force majeure excludes inherent susceptibility to illness.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against a labor court judgment awarding damages to an employee. The employee argued that his pre-existing spinal condition constituted force majeure, exempting the employer from liability for the work-related injury. The court held that inherent susceptibility to illness does not qualify as force majeure when an external work event triggers the condition.
Legislator headnote
AI generatedArt. 435 § 1 k.c.; Art. 361 § 1 k.c.: Force majeure does not encompass the victim's inherent susceptibility to illness; an employer remains liable for work accidents that accelerate pre-existing conditions.
Keywords
AI generated
force majeure exclusion
pre-existing condition liability
work accident causation
acceleration of disease
employer responsibility
inherent susceptibility
labor law tort
Cited Legislation
AI generatedArt. 435 § 1 k.c.
Art. 361 § 1 k.c.
Art. 393 § 12 k.p.c.
art. 435 § 1 k.c
art. 300 k.p
art. 361 § 1 k.c
art. 39312 k.p.c
Cited Case Law
AI generatedI C 60/53
3 CR 41230/58
I PR 342/63
I CR 974/60
I Cr 592/59
I PR 186/72
I PKN 2/97
Self-inflicted illness does not constitute contributory negligence in work accident liability cases under Polish law.
I PK 12/02
Supreme Court dismissed cassation; unconstitutional labor rules do not constitute force majeure under Art. 293 of Labor Code.