Liability for the harm is 1 of the basic principles of civilian law to defend victims and to supply them with fair compensation. However, in certain cases the law allows for the exclusion of liability of the perpetrator. erstwhile does this happen? See how you can avoid financial consequences.
1. deficiency of responsibility — law-abiding action
According to Article 415 civilian Code, compensation is based on the rule of guilt. This means that the individual who did the harm must only correct it if its action was unlawful and wronged. If the perpetrator has acted in accordance with the law, his work shall be excluded.
Example:
Your doctor will not be liable if you endure harm to your wellness unless you have made a mistake.
2. State of higher necessity – emergency rescue
Article 424 KC provides for the exclusion of liability erstwhile the perpetrator acted in a higher state of necessity. These are situations where harm has been done to avoid a more serious threat to life, wellness or property.
Example:
Damage to the car in the course of a rescue action to save a man's life may deactivate the liability of the perpetrator.
3. Force majeure — Unforeseeable event
If harm occurred as a consequence force majeure – i.e. external events that could not be predicted or prevented (e.g. hurricane, flood, earthquake) – the work of the perpetrator is excluded.
Example:
The tree overturned by the wind harm the parked car. The property owner is not liable due to the fact that the event was independent of its operations.
4. Consent of the injured individual – knowingly taking the risk
In any cases, liability may be excluded if the victim knowingly agreed to actions leading to damage. This includes medical treatments or participation in risky activities specified as utmost sports.
Example:
A player participating in a football match accepts the hazard of injury, which may exclude the work of organizers or another players unless deliberate action has taken place.
Summary: erstwhile does liability for harm not apply?
Exclusion of work is not a rule, but an exception to the rule of protection of victims. Each situation requires an individual assessment, so in case of uncertainty it is worth consulting a lawyer. Keep in head that even if you meet the conditions to exclude responsibility, you must prove that you are not guilty of any damage.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
You have questions or request aid – welcome to contactOh, my God!
When don't you gotta pay for the damage? research situations where work is excluded28 April 2025
Liability for the harm is 1 of the basic principles of civilian law to defend victims and to supply them with fair compensation. However, in certain cases law
Compensation and redress – Key differences you request to know about27 April 2025
In Polish law, both compensation and compensation service to compensate for harm, but they concern completely different types of damage. Although these terms may be utilized interchangeably, their meaning and
Alimony from your ex-wife – erstwhile can you apply for it?26 April 2025
Divorce or separation is not only the end of a relationship, but frequently besides the request to regulate financial issues. 1 of the most crucial benefits to be claimed is alimony
More here:
When don't you gotta pay for the damage? research situations where work is excluded
