Slipped or tripped in Poland? Who is liable for your fall

Bartosz Krycki, attorney-at-law · 9 min read

If you fell in Poland because of ice, a hole in the pavement, a wet floor or a broken step, the party responsible for that place can be liable for your injury. Depending on where it happened, this is the road manager, the owner or manager of the building, or the business that runs the shop, hotel or venue. The claim covers your costs, lost income and compensation for pain and suffering, and as a rule you have at least three years from the day you learned of the injury and who is responsible.

When the responsible party has to pay

Polish law starts from a simple rule: whoever by their own fault causes damage to another must repair it (Article 415 of the Civil Code). In a fall case, fault usually means neglect. Somebody responsible for a place did not do what could reasonably be expected of them, and that is why you fell.

Typical examples are a pavement that was not cleared or gritted, although there was time to do it, a missing paving slab or an unsecured hole, a floor that was mopped without a warning sign, goods left in a shop aisle, stairs without a handrail or with a broken step, and a poorly lit corridor.

Not every fall gives rise to a claim. A fall on a pavement left uncleared for days is a different case from a fall during sudden freezing rain, when nobody could have reacted in time. The assessment always looks at what the responsible party knew or should have known, and how much time it had.

Who is responsible for the place where you fell

Public roads and pavements

For public roads, the duties of the road manager include maintaining parts of the road (Article 20 point 4 of the Public Roads Act). Who exactly that is depends on the category of the road and the town. Identifying the right road manager is one of the first things I do in such a case.

Buildings, courtyards and private property

Inside residential buildings, in courtyards and on private land, the claim is usually directed at the owner or the entity that manages the property, such as a housing community or a management company.

Shops, shopping centres, hotels and venues

On business premises, the claim is directed at the operator of the shop, hotel, restaurant or facility. A company is liable for the fault of its bodies (Article 416 of the Civil Code). Anyone who entrusts work to another person acting under their direction is liable for that person’s fault in doing it (Article 430 of the Civil Code). This covers, for example, the cleaner who mopped the floor without putting out a sign.

Sometimes cleaning or snow clearing is contracted out to another company. That company may then also be liable for its own fault, and it matters to establish this early.

The insurer of the responsible party

If the responsible party has third-party liability insurance, the claim can be filed directly with the insurer (Article 822 § 4 of the Civil Code). Reporting the claim or the event to the insurer interrupts the limitation period, and the period starts again from the day you receive the insurer’s written decision (Article 819 § 4 of the Civil Code).

What you can claim after a fall

The amount of compensation for pain and suffering is not set by any table. It depends on the injury, the length and burden of treatment, the lasting consequences and your situation in life. I explain this in more detail in the guide on compensation for pain and suffering.

Your own share of the blame

If the injured person contributed to the damage, compensation is reduced accordingly, taking into account in particular the degree of fault on both sides (Article 362 of the Civil Code). In fall cases the other side may argue that you wore unsuitable shoes, were looking at your phone or chose a route you knew was dangerous. A reduction is not automatic. It requires showing that your own behaviour actually contributed to the fall.

What to do after a fall

• Get medical help and keep every document: the emergency department record, X-rays, discharge papers and later treatment.
• Photograph the exact spot as soon as you can, from close up and from a distance, so that its location can be identified later. Ice, a hole or a wet floor will not be there for long.
• Write down the names and contact details of witnesses.
• In a shop, hotel or station, report the fall to the staff and ask for a written record of the incident.
• Ask the operator in writing to keep the camera recording of the moment. Recordings are not kept indefinitely.
• Keep receipts for medicines, travel and other costs, and proof that you were in that place, such as a booking or a ticket.

Handling the claim from abroad

You do not need to stay in Poland or come back for the claim. I correspond with the responsible party and its insurer in Polish and keep you informed in English. Medical treatment you continue at home is documented with your local records, and I tell you which documents need a sworn translation. If the case goes to court, an interpreter is appointed for the hearings.

How long you have

A claim for damage caused by a tort becomes time-barred three years from the day the injured person learned, or with due care could have learned, of the damage and of the person liable, and no later than ten years from the event (Article 442¹ § 1 of the Civil Code). For injury to the person, however, the period cannot end earlier than three years from the day you learned of the damage and the person liable (Article 442¹ § 3 of the Civil Code). For a child, it cannot end earlier than two years after reaching adulthood (Article 442¹ § 4 of the Civil Code). More in the guide on time limits.

Questions people ask