Subjective limits of tort liability of public authority liability for damages

Bibliogr. s. 95-98

Concepts limiting liability for damages towards only directly injured parties are controversial in the science of law. This concept has not yet been discussed in greater detail in connection with the public authority's liability for damages. The character of the public authority's liability for damages, resulting from the fact that it is enshrined in the Constitution of the Republic of Poland, means that this concept requires a separate discussion on this type of liability. Moreover, the discussion of the above issue may become extremely practical in connection with the possible liability of public authorities for the restrictions introduced in connection with the Covid-19 pandemic. The main task of this article is a comprehensive discussion of the above issue. For this purpose, it is necessary to refer to the constitutional regulation of the public authority's liability for damages. Next, the arguments expressed in the science of law will be discussed, which speak both for and against limiting the indemnification of the damage caused to directly injured parties. The above will lead to the resolution of the key problem, which is the admissibility of limiting liability for damages to those directly injured against the public authority's liability for damages.