Title VI.1 of the Book 'Obligations' of the Polish Civil Code 1964, as amended by the Act of 2 March 2000 on the protection of certain rights of consumers and liability for damage caused by a dangerous product, Dz. U. (2000) No 22, item 271.: (not an official version - translated by Magdalena Sengayen)

Title VI.1 Liability for damage caused by a dangerous product.

Article 449.1.

§ 1. He who produces in the course of his business activity (producer) a dangerous product, is liable for the damage caused to anyone by this product.

§ 2. A product is a movable thing, even if it is connected to another thing. Animals and electricity are also included.

§ 3. A dangerous product is a product not providing safety which can be expected taking into account a normal use of the product. The factors determining the safety of the product are the circumstances existing at the time of its introduction into circulation, and in particular the manner in which it was presented in the market, and the information on the qualities of the product provided to consumers. A product cannot be considered dangerous for the sole reason that an improved product has been subsequently introduced into circulation.

Article 449.2.

The producer is liable for the damage to property only if the damaged or destroyed property belongs to the type of property ordinarily intended for personal use and it was used by the victim mainly for such a purpose.

Article 449.3.

§ 1. The producer is not liable for the damage caused by the dangerous product if he did not introduce the product into circulation or if the introduction of the product into circulation took place outside the scope of his business.

§ 2. The producer is also not liable if the dangerous qualities of the product occurred after its introduction into circulation, unless they were the effect of a factor existing in the product before. He is also not liable if it was impossible to foresee the dangerous qualities of the product, taking into account the state of knowledge and science at the time of its introduction into circulation, or if these dangerous qualities were the result of compliance with legal provisions.

Article 449.4.

It is presumed that the dangerous product which caused damage has been produced and introduced into circulation in the course of business of the producer.

Article 449.5.

§ 1. The person who manufactured the materials, raw materials, or the component parts of the product is liable to the same extent as the producer, unless the sole reason of the damage was the defective construction of the product or the indications of the producer.

§ 2. Whoever, by placing his name, trade mark or any other distinguishing mark on the product presents himself as the producer shall be liable to the same extent as the producer. Further, whoever introduces into the national market a product of foreign origin in the course of his business (importer) shall be liable to the same extent as the producer.

§ 3. The producer and the persons mentioned in the above paragraphs shall be liable jointly and severally.

§ 4. If it is not known who the producer or the person specified in § 2 is, the person who in the course of his business supplied the dangerous product shall be liable, unless, within one month from the date of being notified of the damage, he indicates to the victim the producer and his address, or the person specified in § 2 (first sentence), or, in the case of an imported product, the importer and his address.

§ 5. If the supplier of the product is unable to point to the producer or to the persons specified in § 4, he shall be exempted from liability upon indicating a person from whom he himself received the product.

Article 449. 6.

If a third person is also liable for the damage caused by a dangerous product, this person and the persons specified in the Articles above shall be liable jointly and severally. Article 441 § 2 and § 3 CC shall apply.

Article 449.7.

§ 1. Compensation of property damage shall cover neither the damage to the dangerous product itself nor the profits which the victim could have gained while using the product.

§ 2. If the property damage does not exceed the amount corresponding to € 500 there shall be no compensation on the basis of Article 449.1.

Article 449.8.

The claims for redress of the damage caused by a dangerous product are subject to the limitation period of three years from the day on which the victim learnt about the damage and the person liable to redress it. In any case, however, the claims are subject to the general limitation period of ten years from the introduction of the product into circulation.

Article 449.9.

The liability for damage caused by a dangerous product cannot be excluded or limited.

Article 449.10.

The provisions on liability for damage caused by a dangerous product shall be applied without prejudice to the general provisions on liability for breach of contract or on liability for legal and commercial guarantees.

Article 449.11.

The liability specified hereby cannot be excluded or limited by means of a contract or by means of a choice of a foreign law.