II UKN 158/97
AI generated
Employer liability dismissed when employee's sole negligence caused work accident, excluding employer's risk liability.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's judgment and dismissed the plaintiff's claim for damages against the employer. The court found that the regional court incorrectly applied the employer's risk liability rule without properly establishing the employee's sole negligence as the exclusive cause of the accident. Consequently, the court ruled that the employer's liability was excluded because the employee's own fault was the only reason for the injury. The plaintiff was ordered to pay the defendants' legal costs as a result of the dismissal.
Legislator headnote
AI generatedArt. 435 § 1 KC; Art. 445 § 1 KC: Employer liability under the risk principle is excluded only if the victim's fault constitutes the exclusive cause of the damage, regardless of the degree of fault.
Keywords
AI generated
employer risk liability
employee sole negligence
work accident damages
exclusion of liability
exclusive cause of damage
Cited Legislation
AI generatedArt. 435 § 1 KC
Art. 445 § 1 KC
Art. 328 § 2 KPC
Art. 233 § 1 KPC
Art. 98 § 1 KPC
Art. 393 § 15 KPC