Abstract:

The legal framework established by Article 435 of the Polish Civil Code imposes particularly stringent requirements on entities operating an enterprise or plant, extending liability for damages well beyond the traditional categories of intent or negligence. Risk management in this area is not only considerably constrained, but the burden of proving exonerating circumstances has, in fact, been shifted onto the business operator. This represents a sui generis exception to the general principle that the burden of proof rests with the party asserting a legal effect. Consequently, the obligations placed upon business operators are especially onerous, while the scope for avoiding the negative consequences of damaging events remains minimal. The interpretative challenges surrounding the notions of “acting on one’s own account” and, above all, “setting in motion by natural forces” continue to be contentious, both legally and ethically, in relation to corporate and managerial responsibility. These issues assume particular significance, as a proper legal characterisation may form the basis for shifting, or even excluding, liability for damages. The following analysis examines these legal concepts in light of de lege lata considerations in Polish legal scholarship and jurisprudence, while also assessing them from the perspective of business ethics. The findings offer an enhanced perspective on corporate risk management and a practical defence tool in damage litigation, especially for enterprises seeking to establish or expand operations in Poland.