BS-1043/2010-HJO
ECLI:DK:HJO:2023:BS0000004193
AI generated
Employer dismissed liability claim for employee's work-related injury due to lack of fault.
Legislator summary
AI generatedThe court dismissed the employee's claim for damages regarding a work-related injury sustained during employment. The plaintiff argued the employer failed to provide a safe workplace, while the defendant contended the injury resulted from the employee's own negligence. The court ruled that no fault attributable to the employer was established under the relevant liability standards.
Legislator headnote
AI generatedArbejdsskadesloven; Ansvarsloven: An employer is not liable for a work-related injury if the employee's own negligence was the sole cause and the employer fulfilled its safety obligations.
Keywords
AI generated
work-related injury
employer liability
employee negligence
fault requirement
safety obligations
Cited Legislation
AI generatedArbejdsskadesloven
Ansvarsloven
Related Decisions
AI generatedBS-212/2012-ESB
Court dismisses work injury claim for lifting accident where medical evidence showed pre-existing condition.
BS-39335/2018-GLO
Court partially allows work injury claim by reducing damages due to pre-existing conditions.
BS-581/2014-VLR
Court reverses lower court to order Social Security Agency to recognize March 2010 accident as work-related injury.
BS-2314/2005-VLR
Work injury claim dismissed due to late filing despite statutory time limits being waived by employer.
BS-1164/2016-ESB
Court dismisses claim that commute accident was work injury due to lack of employer control over travel.
Full text
Sag om, hvorvidt sagsøger har erstatningsansvar i forbindelse med sagsøgers arbejdsskade