Landmark success in a case of flood protection negligence
Kubas Kos Gałkowski (KKG) has successfully concluded a series of complex settlement negotiations, securing over PLN 11 million in compensation for 26 clients affected by the catastrophic floods of 2010. This result represents a major and unprecedented success in the context of group proceedings and negotiations with public authorities in Poland.
Over the past three years, KKG has conducted detailed and extensive negotiations on behalf of individuals and businesses affected by the floods. The firm's efforts resulted in the involvement of public authorities, including the State Treasury and the Swietokrzyskie Voivodeship, in out-of-court settlements - a remarkable approach in the context of fiscal discipline.
Strategic negotiations deliver tangible results
The negotiations were conducted in three phases, each of which resulted in a series of settlements. The first phase, in October 2022, resulted in 6 settlements totalling almost PLN 4 million. The second phase, in February 2023, resulted in 7 settlements totalling almost PLN 2 million. The final phase, completed in August 2024, secured a further 7 settlements, bringing the total to over PLN 4 million. Taken together, these settlements represent a comprehensive solution that avoids the need for protracted litigation.
KKG's approach focused on the careful management and coordination of a wide range of claims, including business losses and residential damage. The firm's work ensured that the clients received appropriate compensation within a reasonable timeframe.
Negotiations with public authorities set a precedent
This case set an important precedent for negotiations with public authorities in Poland. The very fact that KKG was able to persuade public authorities, including the State Treasury and local authorities, to enter into settlement discussions was unprecedented. Traditionally, these entities have been reluctant to engage in such negotiations, particularly on such a complex and large scale, preferring instead to pursue litigation due to concerns about public finance discipline. KKG's ability to navigate this challenging landscape and secure meaningful settlements marks a significant shift in how similar disputes may be resolved in the future. The firm's work in this case highlights the importance of negotiation and settlement as viable alternatives to litigation in complex public sector matters.
"The settlement talks would not have been possible had it not been for an earlier court battle of more than 10 years in a precedent-setting group proceeding which ended in victory for KKG," said Agnieszka Trzaska-Śmieszek, partner at KKG "Proving that the flood's effects were due to years of negligence by public authorities in providing flood protection—and not to a force majeure such as flooding—required an above-average effort."
Conclusion
The settlements, finalised in August 2024, reflect KKG's commitment to achieving fair outcomes for its clients. Led by partners Agnieszka Trzaska-Śmieszek and Dominik Gałkowski, the team effectively navigated a complex legal landscape and ensured that their clients' interests were safeguarded throughout the process.
For more information about this case or to explore how Kubas Kos Gałkowski can assist with your legal needs, please visit www.kkg.pl or contact us directly at [email protected] or [email protected].