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Liability of the employer for injury caused to a third party in his workplace

Publication at Faculty of Law |
2022

Abstract

The aim of this article is to show, using the example of Section 101(5) of the Labour Code, that the recodification of private law has had a number of consequences, even to the point of making previously excluded constructions permissible. If the general courts originally rejected the employer's liability for harm caused to third parties at its workplaces, now, after the recodification, such liability is being imported.

However, the rather complex legal regulation is still not in the application practice and the courts are still looking for its optimal implementation in situations of ordinary life. The newly advantaged victim, despite the more favourable regulation for him, may still lose the realization of his right if he misjudges the legal position of the liable subject.