Employer Liability for Post-Installation Equipment Safety Failures

A worker, injured due to a faulty machine, sued the employer for damages, alleging the employer was negligent in maintaining the equipment, even though the employer had complied with safety regulations in place at the time of installation. The Court of Cassation rejected the appeal, reasoning that while compliance with existing regulations at the time of commissioning is a factor, the employer retains a general, non-delegable obligation to ensure the safety of the tools and equipment provided to employees, which requires continuous maintenance and adaptation to prevent foreseeable risks that may arise over time, irrespective of the initial regulatory compliance.