Workplace Risk and Employer Liability: Reflections on Ruling No. 9120 of 2024

The recent order of the Supreme Court of Cassation, No. 9120 of 2024, offers an important opportunity for reflection on the dynamics of liability in the event of workplace accidents. The central issue concerns the employer's obligation to ensure the safety of their employees and the methods of proof in cases of accident disputes.

The Case and Judicial Decisions

The case under review involves A. A., a driver who suffered an injury while refueling. The claim for damages was initially granted by the court of first instance, but the Court of Appeal of Naples subsequently rejected the claim, deeming the testimonial evidence insufficient and attributing responsibility to the worker himself for negligence. However, the Court of Cassation upheld A. A.'s appeal, emphasizing the importance of Article 2087 of the Civil Code, which requires employers to ensure workplace safety.

The Court reiterated that the employer's duty of safety is a cornerstone principle of labor law and cannot be disregarded.

Legal Principles and Duty of Safety

The Court of Cassation clarified that Article 2087 of the Civil Code establishes a general duty to protect the physical integrity and moral personality of the worker, requiring the employer to adopt all necessary measures. It is essential for the worker, in the event of a claim for damages, to demonstrate the causal link between the employer's breach and the damage suffered. However, it is not necessary to identify specific violated regulations; it is sufficient to demonstrate the existence of hazardous conditions in the workplace.

Implications and Conclusions

The Cassation ruling has significant implications for employers, who must be aware that liability for workplace accidents rests with them, unless the worker's conduct is proven to be abnormal. Therefore, it is crucial for companies to implement adequate safety measures and training for employees. Ruling No. 9120 of 2024 not only reaffirms workers' rights but also underscores the need for a safety culture within companies.

Conclusions

In conclusion, the ruling of the Court of Cassation serves as an important reminder to companies regarding workplace safety. Employers are obligated to ensure a safe working environment and prevent accidents, and jurisprudence clarifies that liability in the event of an accident primarily falls on them. It is essential for companies to invest in effective safety measures and worker training to minimize risks and promote a healthy work environment.