By ruling No. III C 129/22, the District Court for Szczecin-Prawobrzeże i Zachód in Szczecin dismissed a lawsuit against our client, the owner of a shopping center, seeking payment of damages and compensation for damage and pain suffered by a person who slipped on the premises on a floor that remained wet as a result of cleaning.
Contrary to the existing case law of Polish courts, the court ruled in this case that in such a situation, the owner of the shopping center is liable on the basis of fault, not on the basis of risk. Consequently, entrusting the performance of services to a professional cleaning company excludes this liability.
“This ruling represents a significant step toward clarifying the limits of building owners’ liability. The court unequivocally confirmed that liability for damages resulting from accidents in shopping centers is based on the principle of fault, not risk, and that entrusting cleaning services to a professional excludes such liability, thus relieving both the center’s owner and the building’s manager of liability for personal injury” – comments Alicja Popłonkowska, attorney at law and partner at SRC Law Firm, who handled the case.
