The basic principles of liability for damages awarded by the Polish civil law include:
* The principle of guilt,
* The principle of risk
* Equity.
Is the basic principle of fault liability principle in the legal systems derived from Roman law tradition (including Polish), which applies to both contractual liability and tort. In accordance with the principle of fault to repair the damage is only required that the entity that caused the injury in a committed, such as negatively evaluated from the point of view of the current legal system. The principle of risk, unrelated to the condition of guilt, has numerous applications in the Polish law (eg liability under the warranty for faults in the contract of sale, delivery, statement of work). The exemption from strict liability in the case of such force majeure. In specific cases, the legislature authorizes the award of damages on the basis of the so-called. principles of equity, and to use the terminology of the Civil Code - based on the principles of social coexistence.
Determining the size of the damage
Scope of protection depends primarily determine the extent of the damage, which is included under the rules governing liability for damages. As a rule, the compensation shall not exceed the amount of the damage, but it should also be on the lower.
Contributory negligence
If the victim has contributed to the creation or increase of the damage, the obligation to repair is a corresponding reduction according to the circumstances, and especially to the degree of fault on both sides. About contributing occurs when the light of the concept of adequate causal behavior of the victim can be considered as one of the elements leading to injury. Reduction of compensation is normally done in the correct ratio percentage.
Credits obtained financial benefits
When a specific event triggers both damage and benefit to the patient, in determining the amount of compensation shall be set off both of these items (principle compensatio lucri cum Damno). This principle is often applied to the compensation paid to the victims of traffic accidents due to the compensation of insurance.
