Driverless Farm Machines and Accidents: Who Is Liable Under Polish Law
Polish farming portal Farmer explains what liability a farmer may face if a driverless farm machine causes a fatal accident. The manufacturer may also be responsible, and a new EU machinery regulation starts applying in January 2027.
Farms increasingly use tractors and robots that work without a driver in the cab, with an operator supervising remotely. On 14 November, the Polish agricultural portal Farmer examined who is responsible if such equipment causes a fatal accident. Under Polish law the responsible parties can be identified, but it will not always be only the farmer.
The Dutch case
The article draws on an accident in November 2025 in Achtmaal, a Dutch locality. A 13-year-old boy riding a motocross bike collided with pallet forks mounted on the front of a Case IH Maxxum 100 tractor, which had partly driven out of a field onto a dirt road. There was no driver in the cab, and the machine was moving under automatic GPS guidance. The operator was walking alongside the tractor but did not stop it in time. According to the Dutch farming portal Boerderij, the man operated the machine contrary to system warnings requiring him to stay in the cab. In September 2026 a court sentenced him to 180 hours of community service. The tractor was not fully autonomous but was fitted with an automatic guidance system.
What Polish law says
Article 436 § 1 of the Polish Civil Code sets out the liability of the holder of a mechanical means of transport, which is in principle based on risk. An injured party does not always have to prove the holder's fault, though the law provides circumstances that exclude such liability. Not every field robot must be classed as a mechanical means of transport; its design, purpose and manner of use matter.
Criminal liability is possible under Article 155 of the Criminal Code: unintentionally causing a person's death carries imprisonment from three months to five years. This does not mean every fatal accident involving an autonomous machine automatically makes its owner criminally liable. If an operator ignored warnings, disabled safety features or left the machine without required supervision, that may affect how liability is determined, but a link must be shown between the specific negligence and the outcome.
Manufacturer liability and new rules
Article 449¹ of the Civil Code provides for a manufacturer's liability for a dangerous product. If a tractor fails to stop because of a faulty obstacle-detection system, there may be grounds for claims against the manufacturer. A malfunction alone does not settle the manufacturer's liability.
From 20 January 2027, EU Machinery Regulation 2023/1230 will begin to apply. It addresses risks linked to autonomous mobile machines, including detection of people and obstacles and safe stopping. The regulation will not by itself decide who is responsible for a specific accident; the key question will remain why the machine did not stop in time.
