Employer liability persists despite employee fault if other non-faulty causes also contributed to the damage.
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal, overturning the appellate court's dismissal of the employer's liability. The plaintiff, a factory worker, claimed damages after an accident, arguing the employer was solely responsible for safety violations. The court ruled that establishing the victim's fault does not absolve the employer if other non-faulty causes also contributed to the damage under the doctrine of adequate causal connection. Consequently, the employer remains liable unless they prove the victim's fault was the exclusive cause of the incident.
Legislator headnote
AI generatedArt. 435 § 1 k.c.; Art. 152 k.z.; The establishment of the victim's fault does not exempt the employer from liability if other non-faulty causes also contributed to the damage under the doctrine of adequate causal connection.