Okoliczności wyłączające odpowiedzialność za szkodę wyrządzoną przez produkt niebezpieczny

Abstract

CIRCUMSTANCES EXCLUDING THE LIABILITY FOR DAMAGE
CAUSED BY A DANGEROUS PRODUCT

This article refers to the circumstances which, in accordance with the provisions of the Polish Civil Code, exclude the liability for damage caused by a dangerous product. The starting point for the considerations on how to qualify these circumstances is to determine what kind of responsibility it is and on what principle it is based. Finally, the author concludes that it is a tort liability and it is based on the principle of risk. Consequently, circumstances excluding this liability are exoneration circumstances. Such a conclusion is reached after a dispute with different views, according to which it is thought that here the principle of fault comes into play, and responsibility is not of a tortious character. Then, the author discusses the circumstances allowing the exemption of liability for damage caused by a dangerous product. The final consideration concerns the issue of who bears the burden of proving these circumstances.