News
Employee accident: liability profiles of the employer
- 28/05/2019
In the absence of a violated precautionary rule that could be linked to the accident, if it has been ascertained that the worker had been equipped by the employer with the necessary safety devices, and that he was adequately trained, the employer cannot be held responsible for what occurred.
The Court of Cassation, Criminal Section, IV, in sentence no. 19381 of 8.5.2019, has stated that the ownership of a guarantee position does not automatically involve, in the presence of an accident occurrence, a liability charge against the guarantor. As a matter of fact, the principle of guilt requires a concrete verification both of the existence of the breach by the guarantor of a precautionary rule, and of the predictability and avoidance of the damaging event, that the violated precautionary rule aimed to prevent.
NEWS
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit instituti...
- 12/03/2024
The Court of Cassation, in its judgment of 26 February 2024, no. 5068, ruled that "The transfer of a professional athlete from one sports club to another, in return for payment and before the natur...
Telephone services: 28-day billing unlawful according to the Court of Cassation
29/02/2024The Court of Cassation, Sec. III, in its judgment of 15.2.2024, no. 4182, ruled that "It is a misleading practice and therefore prohibited for a telephone operator to establish a payment frequency ...