Rażące niedbalstwo w wypadku przy pracy rolniczej
Wydawnictwo Naukowe UAM
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.
Przegląd Prawa Rolnego, 2007 Nr 2, s. 290-309.