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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.

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