Pole

As a rule, everyone is liable for damage caused to another person if he or she has done something so that we can attribute blame to him (so-called guilty liability). There are exceptions to this rule which mean that someone is liable for damage caused to another person, even without the requirement of guilt: it is sufficient that there is:
(a) a causal link between the action of such an offender and the damage caused and
(b) illegality (so-called risk liability). In Polish law, examples are:
(A) the liability of companies that operate a business set in motion by steam, gas, electricity, etc. (it stems from the 1868 Case of Common Law Reylands vs Fletcher);
(B) the liability of anyone who has a car for damage caused by the movement of the car.

During the application I dealt with a case in which the owner of the car (our client) invaded the pole of the power plant. The car and pole were damaged. So I presented the problem like this: The owner of the car is liable on a risk basis for the damage caused by the CAR in the pole, and the owner of the pole is responsible for the same principle of risk, for the damage caused by the pole in the car. Fifty fifty. The other party’s representative replied finesse: ‘these arguments are incorrect because the pole – as you know – stands like a pole’ and the General Court accepted that. But I was right.