Podstawy odpowiedzialności przewoźnika kolejowego za uszkodzenie ciała, rozstrój zdrowia bądź śmierć pasażera
Grounds for liability of a railway undertaking for bodily injury, disturbance of health or death of passengers

Summary/Abstract: The liability of a railway undertaking for bodily injury, disturbance of health or death of a passenger is currently regulated in several legal acts. The EU Regulation 1371/2007 is of fundamental importance here and applies to most domestic rail passenger services as well as the international carriage of passengers if performed between the countries of the European Union. However, it applies only to services operated by carriers licensed in accordance with the provisions of EU law. Its application is questionable when the contract of carriage has been subject to the law of a third country (which is not a member of the European Union).In the case of carriage to and from third countries, which are party to the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV), the liability of the carrier in case of death or personal injury of passengers shall be governed by those rules.The Civil Code may apply, on an exclusive basis, to those services which are not subject to the regime of Regulation 1371/2007 or to the Uniform Rules (CIV). In the case of services subject to these regimes, the provisions of the Civil Code shall apply in a complementary manner. In addition, the injured passenger or an entitled person may in such a case bring an action on the ground of tort liability in accordance with the Civil Code. However, even then the carrier shall be liable under the conditions and within the limits laid down in Regulation 1371/2007 or in the Uniform Rules (CIV).

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