European Employment Law Cases

Case Reports

2019/46 Robbery attack: the responsibility of the employer? (SI)

Keywords Health and safety, Miscellaneous
Authors Petra Smolnikar en Romana Ulcar
Author's information

361315 Petra Smolnikar
Petra Smolnikar is the founder and manager at the law firm PETRA SMOLNIKAR LAW, Ljubljana, Slovenia (http://petrasmolnikarlaw.eu).

361318 Romana Ulcar
Romana Ulčar is a legal assistant at PETRA SMOLNIKAR LAW.
  • Abstract

      A worker was performing regular work tasks at their workplace when an attempted robbery took place. The worker suffered serious facial injuries as a result of an assault by one of the robbers and they filed a lawsuit against their employer claiming the latter was fully liable (both objectively and subjectively) for the work accident entitling them to reimbursement of all damages resulting from the accident.
      The question that was raised was whether the employer can be held subjectively liable for an accident at work despite the fact that it had taken the necessary measures foreseen and/or imposed by law to prevent such accidents.

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