Employer liability for work accident due to providing unsafe ladders under Civil Code Art. 415.
Legislator summary
AI generatedThe Supreme Court quashed the lower courts' decision that the employee bore sole responsibility for a work accident caused by an unsafe ladder. The employer argued the employee, as an experienced worker, should not have used the defective equipment without a safety chain. However, the court ruled that the employer's duty to provide safe tools and tolerate their use by subordinates establishes employer liability under Article 415 of the Civil Code. Consequently, the case was remanded for a new assessment of the employer's civil liability based on this statutory provision.
Legislator headnote
AI generatedArt. 415 KC; Art. 435 KC: The employer is liable for work accidents caused by providing unsafe tools or tolerating their use, shifting the risk of business operations to the employer rather than the employee.