Mining damage – liability of entrepreneurs in the light of the judgment of the Administrative Court in Katowice of November 30, 2022.

Introduction – what is mining damage?

The subject of this article is mining damage and the principles of liability of entrepreneurs conducting mining activities, analyzed in the context of the judgment of the Court of Appeal in Katowice of November 30, 2022, in case I ACa 1278/21. This judgment is an important point of reference for the interpretation of the provisions of the Geological and Mining Law, which create a comprehensive system of protection for persons affected by the negative effects of mining operations.

Mining damage, defined as damage resulting from mining operations, has long been one of the most problematic areas of mining operations. Its nature is diverse, encompassing damage to buildings and infrastructure, as well as terrain deformation and changes in groundwater levels. The specific nature of this damage and its long-term impact on the environment have led the legislature to adopt specific liability rules aimed at providing victims with real and effective protection.

Legal basis – strict liability

The legal basis for liability for mining damage is the provisions of the Geological and Mining Law, which introduce a risk-based . This is one of the strictest forms of civil liability – the mining entrepreneur is liable for any damage incurred regardless of fault .

Key elements of this responsibility:

• it is enough to prove the fact of damage,
• there is no need to prove the entrepreneur's fault,
• the legislator introduces a presumption of causal relationship between the operation of the mining plant and the damage,
• Mining operations are considered to be activities with a high risk of damage.

Rules for repairing mining damage

The rules include two compensation models:

Prohibited practices:

1. Natural restitution (restoration to the previous state)

This is the basic form – but it is often difficult or impossible in the case of extensive terrain deformations.

2. Monetary compensation

The injured party may choose compensation instead of repair.

Full compensation system

Includes:

• actual losses,
• lost profits in a normal causal relationship.

Judgment of the Court of Appeal in Katowice of November 30, 2022 – the most important theses

The judgment confirms the objective, strict nature of liability for mining damage.

1. No obligation for the injured party to prove fault

The court indicated that the injured party only needs to prove:

• fact of damage,
• its size.

It is the entrepreneur who is responsible for rebutting the presumption of causality – which is extremely difficult, especially in the case of large or long-term exploitation.

2. Liability for normal and indirect consequences

The court confirmed that the entrepreneur’s liability includes:

• direct effects,
• indirect effects,
• all normal consequences of operation.

3. Joint and several liability of many entrepreneurs

If several entrepreneurs exploited the land at different times:

• jointly and severally liable ,
• even if his activity only partially contributed to the damage.

This prevents situations in which the injured party is left without protection.

The significance of the judgment for practice

Judgment of the Court of Appeal in Katowice:

• strengthens the pro-social interpretation of regulations,
• emphasizes the need to take a broad look at mining damage,
• confirms that the risks of mining activities cannot be transferred to residents,
• emphasizes that it is the entrepreneur – as the economic beneficiary – who should bear the burden of risk.

Summary

Mining damage is a complex legal and technical issue. A risk-based liability system is intended to provide effective protection for injured parties and counteract the negative effects of mining. The ruling of the Regional Court in Katowice further strengthens the position of injured parties, confirming the broad scope of liability of mining companies.

This article is for informational purposes only and does not constitute legal advice.
The law is current as of November 18, 2025.