RESPONSIBILITY FOR HEALTH AND SAFETY AT WORK: THE SUPREME COURT SETS LIMITS
written by Enrico De Luca and Raffaele Di Vuolo
By ruling no. 25313 of September 20, 2024, the Supreme Court reiterated that the employer's liability in case of injury is excluded only in the presence of “elective risk”, meaning if the worker's conduct is"abnormal, unforeseeable, and excessive"compared to the directives received.
Recalling previous rulings, the Supreme Court noted that"the employer has a duty to protect the worker's safety despite their imprudence and negligence."It added that"the workers' lack of caution does not exclude the causal link with the employer's negligent conduct if they have not adopted all necessary preventive measures required by the actual working conditions.”.
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