Odpowiedzialność za szkody wyrządzone przez ruch przedsiębiorstwa (art. 435 k.c.)
Liability for damages resulting from company movement, under art. 435 of Polish Civil Code

Summary/Abstract: The paper presents grounds and evidence for adjudicating liability for claims resulting from company movement under the art. 435 of Polish Civil Code. The liability is attributed to a legal entity running the company. This typically applies to the company owner, unless the company has been subject to a lease or right-to-use agreement, in which case the liability is adjudicated to the leasee (user), as the recipient of generated benefits. The article pertains to companies basing the whole of their operation on the use of natural forces, converted into action through the use of dedicated devices (engines). Company movement, in the intention of the legislator, is broadly defined and equated to company operation in general. The liability under art. 435 can only be waived based on exonerating evidence showing that the damage in question was a) a result of force majeur, b) caused solely by the claimant’s actions, or c) caused solely by actions of third parties for which the company cannot be held accountable.

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