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Manslaughter and serious injuries in violation of the rules on the protection of health and safety at work: the responsibility of the company

  • 09/07/2019

With a decision concerning a company that did not carry out any training course for its workers, the Court of Cassation (section IV, 19 March 2019, no. 15335) has stated that, with reference to the liability of the company for negligence, the existence of an interest or advantage of the institution must be ascertained in relation to the culpable conduct and not instead to the event that occurred.

The interest or the advantage can therefore be related to the “crimes of event” and in particular to those concerning accidents at work, where the advantage obtained by the company must be identified in the cost savings resulting from the adoption of an unsuitable policy on worker safety.

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