Rażące niedbalstwo w wypadku przy pracy rolniczej
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Date
2007
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Wydawnictwo Naukowe UAM
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Abstract
The paper touches upon issues arising from the construction o f the notion: gross
negligence as set out in article 10 clause 2 point 1 of the Act on farmers’ social insurance.
The main purpose o f the considerations presented in the paper is an attempt to define gross
negligence as constituting sufficient premise to deprive the injured party of the right to
claim damages for an agricultural accident. Due to the absence of a definition of the concept of gross negligence in Polish legislation, it may be helpful to resort to the analysis
of the judicial jurisdiction, with particular emphasis put on the decisions issued by the
Supreme Court. Further to that, decisions o f relevant Labour Tribunals should also be
taken into account, since gross negligence is also a phenomenon occurring in the system of
general social insurance.
The analysis of the above have led to the conclusion that the notion of gross negligence in
agricultural activity should be also understood as a situation in which the injured party has been
aware of the potential risk that may normally be expected to exist under certain circumstances,
and which every, not even a particularly cautions person, would normally recognise as an
obvious or easy to foresee risk, and that person, despite the above, acts contrary to rules meant
to protect life and human health, and, without any reason, puts his/her life at risk, not even
trying to prevent an accident from happening.
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Citation
Przegląd Prawa Rolnego, 2007 Nr 2, s. 290-309.
ISBN
978-83-232181-7-3