News
An employer is liable for damages caused to a worker by things in the custody of the employer
- 08/05/2018
Art. 2087 of the Italian Civil Code provides for a general obligation on any employer to guarantee the safety of workers. Also, according to Art. 2051 of the Civil Code, any person is liable for damages caused by things in his custody, unless he proves that a fortuitous event has occurred.
In a case in which a worker was wounded by the explosion of a mine while working inside a tunnel, the Court of Cassation, with Judgment no. 5957 of 12th March 2018, has stated that both provisions should apply.
Therefore, an employer is to be held liable for a damage caused to a worker by things in custody of the employer (in this case, the tunnel), provided that a link between the damage and the workplace is ascertained and unless the employer proves that a fortuitous event has occurred.
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