Tort and compensations - Lawyer in Poland

Fault.

Anyone who by a fault on his part causes damage to another person is obliged to remedy it.

Fault of authority.

A legal person is obliged to remedy any damage caused through a fault on the part of its authority.

State Treasury liability.

The State Treasury or a local government unit or another person exercising public authority by force of law is liable for any damage caused by an unlawful action or omission while exercising public authority. If performance of public authority tasks is contracted under an agreement to a local government unit or another legal person, joint and several liability for any damage caused is borne by the contractor and the local government unit contracting the tasks or the State Treasury.

No application.

The provisions do not apply if the liability for damage caused through the exercise of public authority is regulated by specific provisions.

Incitement, aiding and abetting, taking advantage.

Liability for damage is borne not only by the direct perpetrator but also by any person who incites or aids another to cause damage and a person who knowingly takes advantage of damage caused to another person.

Self-defense.

Anyone who acts in self-defense, repelling a direct and unlawful attack on his own or another person's interest, is not liable for any damage caused to the attacker.

Extreme necessity.

Anyone who destroys or damages another person's thing or kills or wounds an animal belonging to another person in order to avert danger threatening directly from the thing or animal to himself or to other persons is not liable for resulting damage if he did not cause the danger himself and the danger could not have been otherwise prevented and if the interest saved is obviously more important than the interest violated.

Insanity.

A person who, for any reason, is in a condition which precludes conscious or free decision-making and expression of will is not liable for damage caused in such a condition.However, anyone whose mental functions are distorted due to the use of intoxicating beverages or similar substances is obliged to remedy the damage unless the distortion was not due to a fault on that person's part.

Age.

A minor under thirteen years of age is not liable for damage caused.

Fault in supervision.

Anyone who, under the law or a contract, is obliged to supervise a person who cannot be held accountable due to his age, or his mental or physical condition is obliged to remedy any damage caused by this person unless he fulfilled the supervision obligation or unless the damage would also have arisen even with supervision being exercised with due care. This provision also applies to persons who, without a legal or contractual obligation, take permanent care of a person who cannot be held accountable due to his age, or his mental or physical condition.

No obligors.

If a person causing damage is not liable for the damage due to his age, or his mental or physical condition and there are no persons obliged to supervise him or when remedy of damage cannot be obtained from them, the aggrieved party may demand full or partial remedy of damage directly from the perpetrator if it follows from the circumstances, and especially from a comparison of the financial condition of the aggrieved party and that of the perpetrator, that the principles of community life so require.

Fault in selection.

Anyone who entrusts an act to another person is liable for any damage caused by the perpetrator when performing the act unless he was not at fault when choosing that person or he entrusted the act to a person, enterprise or establishment which performs such acts within the scope of its professional activity.

Supervisor.

Anyone who, on his own account, entrusts an act to a person who, while performing the act, is under his management and is obliged to follow his instructions is liable for any damage caused due to a fault on that person's part when performing the act.

Animals.

Anyone who keeps or uses an animal is obliged to remedy any damage the animal causes irrespective of whether it was under his supervision, or had strayed or run away, unless neither he nor a person for whom he is responsible is at fault. Even if a person who keeps or uses an animal is not responsible for it in accordance with the provisions of the preceding paragraph, the aggrieved party may demand full or partial remedy of damage from him if it follows from the circumstances, and especially from a comparison of the financial condition of the aggrieved party and that of the other person, that the principles of community life so require