Supreme Court dismisses appeal on liability by risk for natural force operation causing heart attack.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the shipowner against an award of damages for a worker's heart attack. The court found that the operation of the ship using natural forces created a risk independent of the employer's conduct, triggering strict liability under Article 435 § 1 of the Civil Code. Although the worker had a pre-existing condition, the court ruled that this did not break the causal link between the hazardous working conditions and the injury, thus upholding the liability.
Legislator headnote
AI generatedArt. 435 § 1 KC; Art. 361 § 1 KC; Art. 362 KC: Liability by risk for enterprises operated by natural forces applies regardless of the operator's fault or the victim's pre-existing condition, provided the harm is causally linked to the operation.