In today's article, we will look at the legal situation of minors in the context of the application of Article 362 of the Civil Code to them. The Supreme Court's ruling in case I CSK 295/13 sheds significant light on the method of assessing civil liability in situations where the injured party is a child.
Facts
Eleven-year-old Karolina T. was crossing the road at a prohibited crossing and was struck by a motorcycle driven by Sebastian G. The driver was traveling at excessive speeds – 97 km/h (51 mph) when the speed limit was 50 km/h (31 mph), was in the wrong lane, and delayed his response. As a result, the girl suffered serious physical and psychological injuries.
The District Court found no fault on the plaintiff's part and found that she did not contribute to the damage. It awarded her damages and punitive damages totaling PLN 350,000.
The Court of Appeal reversed this decision, finding that the minor contributed 20% to the damage. Consequently, the awarded compensation was reduced. According to the court, despite her young age, Karolina was aware of the dangers of crossing the street in a prohibited place. Visibility was not impaired, so she could have seen the approaching vehicle.
However, the cassation appeal argued that there was no evidence to confirm that the child had actually recognized the risk and could have made a rational decision. It also argued that the Court of Appeal's ruling was inconsistent with the principles of social coexistence.
The position of the Supreme Court
The Supreme Court noted that the injured party's contribution refers to conduct that could have contributed to or increased the damage. This should be distinguished from the injured party's fault or the assessment of the correctness of their conduct.
It is important that even if the injured party is a child who cannot be held guilty under civil law, the court may examine whether – taking into account his or her age and ability to judge – he or she could have acted differently.
However, establishing the injured party's contribution does not automatically reduce compensation. It is merely a prerequisite. The decision to reduce the benefit rests with the court and is part of the so-called judicial assessment of compensation . When making this decision, the court should consider, among other things:
– the degree of guilt of the injured party and the perpetrator,
– extent of damage;
– circumstances and motives of the parties’ actions.
Additionally, the court must consider whether reducing compensation is consistent with the principles of social coexistence, meaning whether it is fair and just under the circumstances. This is particularly important in situations where the injured party is a minor, who benefits from enhanced legal protection.
For this reason, Article 362 of the Civil Code, which states:
"If the injured party has contributed to the occurrence or increase of damage, the obligation to redress it shall be appropriately reduced depending on the circumstances, and in particular the degree of fault of both parties" – will not always apply to children, especially in situations where their behavior cannot be assessed in terms of fully conscious and responsible action.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of August 20, 2025.
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