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KKO 2037/2004 AI generated

Supreme Court holds employer liable for employee's injury caused by a defective railing attachment during construction work.

Case Number KKO 2037/2004
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Finland ruled in favor of the architect and construction manager, holding them liable for the architect's personal injury. The plaintiff fell from a terrace because the railing's attachment bolts had detached due to improper workmanship. The court determined that the employer failed to fulfill its duty of care regarding the safety of the construction site and the quality of the work performed.

Legislator headnote

AI generated

Employer Liability Act; Workmen's Compensation Act: An employer is liable for personal injury to an employee if the injury was caused by the employer's fault in the execution of work or in the organization of work.

Keywords

AI generated
employer liability personal injury construction defect workplace safety fault in execution duty of care improper workmanship

Cited Legislation

AI generated
Employer Liability Act 1985
Workmen's Compensation Act 1985
AI generated
kko-precedent_1987_23
Supreme Court dismisses claim against municipality; building inspector fulfilled duties despite floor subsidence damage.
kko-precedent_2001_2
Supreme Court dismisses municipality's liability for building subsidence when inspector relied on professional engineer's foundation report.
kko-precedent_2008_62
Supreme Court holds municipality liable for negligence in structural inspection of a collapsed agricultural hall roof.
kho-other_2014_3718
Supreme Administrative Court dismissed appeal regarding revocation of construction site supervisor approval for non-compliance.
kho-other_2019_5192
Supreme Administrative Court dismisses appeal permission request as no legal interest exists for the case to be heard.

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Full text

Kysymys arkkitehdin, rakennesuunnittelijan, vastaavan työnjohtajan ja kaupungin rakennusvalvontaviranomaisen korvausvastuusta henkilövahingosta, kun omakotitalon rakennuttaja putosi talon terassilta sen kaiteen kiinnitysten irrottua.