Each morning my wife and I commute to the center of Warsaw by car. We have followed the same route for years, although recently our commute seems to take longer. For the most part delays are the result of increased traffic in Warsaw, but not always.

The number of single-car accidents in Warsaw also seems to be growing. The reason can be summed up in one word: potholes. Damage to a car’s steering system can cost thousands of złoty to repair and the driver has no one to blame but himself. Or does he?

Public roadways

Responsibility for public roadways in Poland is a function of government. According to the Act on Public Roadways, the maintenance and operation of a public road rests at the local, district and regional level of government, as well as at the national level, depending on the designation of the road.

Poland’s Civil Code, in particular Art. 415, places liability for damage on the entity or person that causes such damage. This applies in general, not just to road related accidents.

Government authorities are not exempt from such liability.

In order to file a claim, a motorist must properly evidence the cause of the damage, and in particular should obtain a police report documenting the accident.

Public transport

Similar to public roadways, the operators of public transport systems, including municipal buses and trams, are liable for damages resulting from their operations. In this case liability is based on a contractual agreement between the operator and passenger entered into upon purchase of a ticket.

The operator contracts to safely deliver the passenger to his or destination. In case of an injury incurred during transit, the passenger should attempt to notify the driver of the injury before exiting, as well as noting the registration number of the vehicle.

The operator may defend itself against a claim if the cause of the accident is attributable to the driver of another vehicle, or is somehow due to the negligence of the passenger.

Public airways

Air travel, although not specifically considered to be “public” transport, is nevertheless strictly regulated with respect to passenger rights. Depending on the nature of the mishap, including delays, cancellations and accidents, airlines are obligated to provide compensation to one degree or another.

In the case of injury or death, strict liability applies for any claim up to €135,000 per passenger, meaning that an air carrier can not contest claims below this threshold. A carrier may, however, defend itself against a claim for damages in excess of €135,000 if the carrier can evidence that it was not at fault.

Compensation in the event of a flight delay or cancellations is also strictly regulated. Depending on the length of the delay, an air carrier is required to provide assistance even if the delay or cancellation is beyond its control. In case of a flight delay of more than two hours, the airline is obligated to provide a free meal to each passenger plus two free calls.

If the delay lasts until the next day, the air carrier is obligated to provide hotel accommodation and transport to and from the hotel. In the case of a flight cancellation or being denied boarding on an overbooked flight, the air carrier is required to pay each passenger anywhere from €250 to €600, depending on the length of the flight.

Paul Fogo is a senior attorney with Miller, Canfield, W. Babicki, A. Chelchowski & Partners. fogo@pl.millercanfield.com