Court of Cassation: no objective responsibility on injuries

With its judgement no. 12347 dated 15 June 2016, the Court of Cassation held that the civil responsibility of the employer as set forth by article 2087 of the Italian Civil Code may only be asserted if the injury is caused by breach of the behavioural obligations set forth by law or skills relevant to the work carried out, given that the inadequacy of the protection measures adopted cannot automatically be inferred from the fact alone that the damages have occurred. In the case in question, an employee of a consortium, who carried out maintenance works at the plant of a principal, ran into another employee of the plant while riding a bicycle. The Court pointed out that the owner of the plant in question cannot be considered to be liable for the accident given that an employer cannot be held responsible for all and any events that may harm the health of its employees, but only for events caused by its own negligence, carelessness, improper use or failure to comply with applicable laws, regulations, orders or legislations. This judgement therefore excludes a sort of objective responsibility of the employer in case of injuries incurred by its employees.