No employer's strict liability in case of work accidents, Italian Corte di Cassazione, judgment n. 12347/16.

In a recent judgment, n. 12347/16, the Supreme Court ruled that there's no employer's liability according to article 2087 of the Civil Code, when all the obligations required by law have been met: in case of accident at work,  employers are  liable only when the event results from their negligence, incompetence, recklessness or failure to comply with norms.

Here the judgment: “(…) It shall not be liable employer whenever the conduct has been diligent or was not negligent (imperita, etc.), about the danger of causing the injurious event that actually occurred. (...)”.

The mere occurrence of the damage does not automatically entail a violation of the security measures provided: there will be no liability in the event of any injury to the health of the employees.

The accident occurred between two workers, both by bike, one of which, proceeding in the underpass of the establishment where he worked, invested another worker. In the vicinity of the tunnel there were, however, danger road signs reminding to go slowly.

The cyclist's behaviour it's not linked to the work, for this reason The Court excluded the strict liability of the employer.