Product Liability 2009 - Arnold & Porter LLP

Poland
256
Lovells Poland
whether a claim is grounded in principle (based on issues of law and
fact). The decision with respect to the actual amount of the claim
will be taken at a later stage. The court is obliged to wait until the
preliminary judgment becomes final before it can issue a judgment
on the amount of the claim.
4.7 What appeal options are available?
All first instance judgments can be appealed and no permission of
any court is required at this stage. The court of second instance
decides issues of law and fact. It has a right to rehear the case and
to make its own findings on the basis of evidence collected at both
instances. However, in practice the review is usually limited to the
question of whether the decision of the court of first instance was
correct. The court of second instance may affirm, repeal or vary the
first instance judgment.
The possibility of filing a cassation at the Supreme Court from a
judgment of the court of second instance is limited. The Supreme
Court reviews only issues of law. It accepts to hear a case if the
matter contains an important issue of law or raises serious doubts,
or if inconsistencies in jurisprudence, or if the underlying
proceedings were invalid for procedural reasons, or if it finds the
cassation to be manifestly founded. There is also a minimum value
limit for disputes which can be subject to cassation (PLN 50,000
(approx. €11,000), or PLN 75,000 (approx. €17,000) in cases
between businesses). If the matter is not capable of being
challenged by a cassation, there is a possibility to apply for
declaring a final judgment inconsistent with the law. Such a
declaration enables the plaintiff to claim compensation from the
State if a damage was caused to him/her by that defective judgment.
4.8 Does the court appoint experts to assist it in considering
technical issues and, if not, may the parties present expert
evidence? Are there any restrictions on the nature or
extent of that evidence?
If a matter requires special (e.g. technical or scientific) knowledge,
the court appoints experts to present a written or oral opinion. Even
if a judge has special knowledge on a given subject himself, he is
obliged to appoint an expert. This is because a judge cannot replace
an expert in civil proceedings, and because parties have a right to
ask questions and challenge the results of an expert opinion.
Private expert opinions may also be presented by the parties.
However, they have the same value as private documents, i.e. they
are only evidence that a given person made a statement contained in
the document, and as such they do not present a source of special
knowledge for a judge.
4.9 Are factual or expert witnesses required to present
themselves for pre-trial deposition and are witness
statements/ expert reports exchanged prior to trial?
There are no requirements regarding the pre-trial stage under Polish
law (except for cases between businesses) and it is not common for
parties to exchange witness statements or private expert opinions
before trial.
4.10 What obligations to disclose documentary evidence arise
either before proceedings are commenced or as part of the
pre-trial procedures?
Upon an order of the court (which may be issued during the
proceedings), any party may be obliged to present a document
which is in his possession and which constitutes evidence in respect of
any issue relevant to deciding the case. The court usually orders such
discovery at the request of an opposing party. Before the
commencement of proceedings, submission of certain documents can
be ordered by way of securing the evidence where there is a risk that
it will be impossible or very difficult to obtain such evidence in the
future. The Supreme Court has stated that the purpose of securing the
evidence is not to allow a potential claimant to evaluate the prospects
of his claim. The claimant does not have any claim for disclosure as
such, and there is no general pre-trial discovery procedure.
4.11 Are alternative methods of dispute resolution available e.g.
mediation, arbitration?
Yes, alternative methods of dispute resolution are available in
Poland. The Polish Code of Civil Procedure provides for mediation
and arbitration.
5 Time Limits
5.1 Are there any time limits on bringing or issuing
proceedings?
Yes, time limits do exist.
5.2 If so, please explain what these are. Do they vary
depending on whether the liability is fault based or strict?
Does the age or condition of the claimant affect the
calculation of any time limits and does the Court have a
discretion to disapply time limits?
The limitation period for claims under the fault-based law of tort is
three years from the day when the injured party learned about the
damage and the identity of the person liable for it. The general rule
(subject to exceptions presented below) is that a claim in tort
becomes time-barred after ten years from the event that caused the
damage.
Where damage is caused by a criminal act, the limitation period is
twenty years from the date when the crime was committed,
regardless of when the injured party learned of the damage and the
identity of the person liable for it. In personal injury cases, the
limitation period cannot lapse earlier than three years from the day
when the injured party learned about the damage and the identity of
the person liable for it. The limitation period for minors bringing
personal injury claims does not end earlier than two years from
these persons becoming major.
Under the strict product liability provisions, the limitation period is
three years from the day when the injured party learned or, acting
with due diligence could have learned, about the damage and the
identity of the person liable for it. In any case, claims become timebarred
after ten years from the date when the product was first put
into circulation.
Warranty claims under consumer sales contracts can be made when
the lack of conformity becomes apparent within two years from the
delivery of the good. A consumer’s claim is time-barred after the
later of the two-year period since delivery of the goods and the oneyear
period since he or she discovered the non-conformity in the
goods. Furthermore, the claim will expire if the consumer has not
notified the seller of the non-conformity within two months of
having discovered it.
In warranty claims under non-consumer sale contracts, the claim
will expire if the buyer has not notified the seller of the defect
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ICLG TO: PRODUCT LIABILITY 2009
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