Civil Servant Injury During Mandated Task: Employer Not Liable
Synthèse Legislator
Généré par l'IAA civil servant, injured while carrying out orders to move a piece of equipment, sued the employer for damages, arguing the accident resulted from the employer's failure to ensure proper safety measures for the task. The court rejected the appeal, reasoning that the servant, by accepting the task, implicitly acknowledged the inherent risks associated with the mandated activity, and since the employer had provided the necessary materials and the servant was capable of performing the task, the employer could not be held liable for an accident resulting from the execution of the order itself, absent proof of an external, unforeseen fault in the provision of equipment or specific instructions.
Regeste Legislator
Généré par l'IACivil Servant Injury During Mandated Task: Employer Not Liable: The court rejected the appeal, reasoning that the servant, by accepting the task, implicitly acknowledged the inherent risks associated with the mandated activity, and since the employer had provided the necessary materials and the servant was capable of performing the task, the employer could not be held liable for an accident resulting from the execution of the order itself, absent proof of an external, unforeseen fault in the provision of equipment or specific instructions.