The distinction between gross negligence and ordinary negligence is crucial in the context of an insurer's liability for damages. Primarily, it affects the ability to pursue compensation claims when the insurer disputes its liability based on the manner in which the event occurred. The legal basis is Article 827 § 1 of the Civil Code, according to which the insurer may refuse to pay compensation if the damage was caused intentionally or as a result of the insured's gross negligence.
In its judgment of August 4, 2020, file reference I ACa 685/19, the Court of Appeal in Warsaw provided a significant interpretation of the concept of gross negligence. The justification indicated that gross negligence occurs only when a person exceeds basic and commonly understood principles of caution. This is not a simple omission, but rather conduct clearly contrary to safety principles, which are understandable even to those with limited knowledge and life experience. Furthermore, such conduct should border on willfulness, meaning it should demonstrate an extreme disregard for the consequences that are highly probable. The court emphasized that only in such cases can the grounds for gross negligence be considered within the meaning of the Civil Code.
In contrast, ordinary negligence encompasses situations in which the insured foresees the consequences of their action or omission but hopes to avoid them, or fails to foresee these consequences even though they could and should have foreseen them. This is a form of lack of due diligence, but it does not reach the level that would exclude the insurer's liability. Therefore, mere oversight or even a lack of reaction in unclear circumstances does not constitute grounds for denying insurance benefits.
Similarly, the Court of Appeal in Kraków - I Civil Chamber of 19 January 2022, I ACa 969/20, held that "The assessment of whether there is a case of gross negligence within the meaning of Article 827 § 1 of the Civil Code requires taking into account the objective state of threat and the qualified form of lack of ordinary diligence in predicting the consequences, i.e. taking into account the diligence required of the acting person, the object to which the action relates, and the circumstances in which the desired behavior was omitted on his part. Gross negligence, as provided for in Article 827 § 1 of the Civil Code, may be attributed in the event of failure to foresee the damage as a result of, among others, the policyholder's omission, if the basic, elementary principles of diligence were exceeded. It should also be noted that the degree of negligence is indicated by the degree of diligence that can be required of a given person in the given circumstances; failure to observe basic, elementary principles of caution, which are obvious to most reasonable people, constitutes of gross negligence. The level of this elementary and obvious nature is determined by the circumstances of the specific factual situation."
Gross negligence must be interpreted narrowly and rigorously, and each case must be assessed individually, taking into account all the circumstances. This means greater protection for policyholders against arbitrary and overused claims of gross negligence, while insurers must demonstrate that the injured party's conduct significantly deviated from ordinary standards of care to effectively avoid liability.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 23, 2025
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