General grounds for liability for damage. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
Free library / Occupational Safety and Health

General grounds for liability for damage. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

The Civil Code of the Russian Federation establishes general grounds for liability for causing harm.

Article 1064 of the Civil Code of the Russian Federation "General grounds for liability for causing harm" reads:

"1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.

By law, the obligation to compensate for harm may be assigned to a person who is not the tortfeasor.

A law or an agreement may establish the obligation of the tortfeasor to pay compensation to the victims in excess of compensation for harm.

2. The person who caused harm shall be released from compensation for harm if he proves that the harm was caused through no fault of his. The law may provide for compensation for harm even in the absence of fault of the tortfeasor.

3. Damage caused by lawful actions is subject to compensation in cases provided for by law.

Compensation for harm may be refused if the harm was caused at the request or with the consent of the victim, and the actions of the tortfeasor do not violate the moral principles of society ... ".

Article 1068 of the Civil Code of the Russian Federation is also important for the issue under consideration. "Responsibility of a legal entity or citizen for harm caused by its employee":

"1. A legal entity or a citizen compensates for the harm caused by its employee in the performance of labor (service, official) duties.

With regard to the rules provided for by this chapter, citizens who perform work on the basis of an employment contract (contract), as well as citizens who perform work under a civil law contract, are recognized as employees if they acted or should have acted on the instructions of the relevant legal entity or citizen. and under his control for the safe conduct of work.

2. Business partnerships and production cooperatives compensate for the damage caused by their participants (members) in the course of the latter's entrepreneurial, production or other activities of the partnership or cooperative."

The requirement that "a legal entity or a citizen compensate for the harm caused by its employee in the performance of labor (official, official) duties..." is very important in the field of labor safety and means that the employer can always be recognized as the tortfeasor only on the basis of these provisions.

Full refund means that the victim is compensated not only for real damage, but also for lost profits. The law establishes exceptions to the rule of full compensation for harm, i.e. cases when the amount of compensation can be changed - reduced or increased.

Thus, for the attack liability for harm For general reasons, you must have:

the occurrence of harm;
fault of the harm-doer;
и causality between them.

This guilt and causation must be established, and this guilt must be proven.

We all know that different activities and/or use of different mechanisms and processes have different hazards. Therefore, Article 1079 of the Civil Code of the Russian Federation establishes "Responsibility for harm caused by activities that create an increased danger to others."

In particular, legal entities and citizens whose activities are associated with increased danger to others (use of vehicles, mechanisms, high-voltage electrical energy, atomic energy, explosives, potent poisons, etc.; construction and other related activity, etc.), are obliged to compensate for the harm caused by a source of increased danger, unless they prove that the harm arose as a result of force majeure or the intent of the victim.

The obligation to compensate for harm rests with the legal entity or citizen who owns the source of increased danger.

Since various types of activities can pose a very great danger, Article 1065 "Prevention of harm" of the Civil Code of the Russian Federation provides for the following: "1. The danger of causing harm in the future may be the basis for a claim to prohibit activities that create such a danger."

In life, there are cases when, when eliminating a danger that threatens the inflictor of harm himself or other persons, one involuntarily has to inflict harm on the inflictor of harm himself. According to Article 1067 "Infliction of harm in a state of emergency", "harm caused in a state of emergency, that is, to eliminate the danger that threatens the inflictor of harm himself or other persons, if this danger under the circumstances could not be eliminated by other means, must be compensated by the person who caused the harm.

Taking into account the circumstances under which such damage was caused, the court may impose the obligation to compensate for it on a third person in whose interests the person who caused the damage acted, or release both this third person and the person who caused the damage from compensation for damage in whole or in part.

Damage caused in a state of necessary defense is not subject to compensation, unless its limits were exceeded.

Damage caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local governments or officials of these bodies, including as a result of the issuance of an act of a state body or local government that does not comply with the law or other legal act, is also subject to compensation .

It is clearly seen that among all the possible perpetrators of causing harm, two special categories are distinguished - owners of especially dangerous objects and owners of labor. But they are almost all employers. All this leads to a situation where the employer will almost always have to compensate for the harm caused to the health of the employee as a result of non-compliance with labor protection rules.

Practice has shown that a significant amount of these additional (for the employer) costs leads to systematic attempts by employers to evade compensation for harm. World and Russian practice unambiguously shows that this conflict of interests between the employer and the employee can be resolved only with the help of compulsory social insurance of occupational risks.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

We recommend interesting articles Section Occupational Safety and Health:

▪ Modern control systems

▪ Insurance provision

▪ Labor protection of employees of educational institutions

See other articles Section Occupational Safety and Health.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive

Prosthetic eye with night vision 29.05.2020

Scientists from the Hong Kong University of Science and Technology have presented a prototype of an artificial electrochemical eye, the structure and principle of which are similar to an ordinary human eye.

Wires that mimic the visual cortex of the brain transmit the visual information collected by these sensors to a computer for processing. And the nanowires are so sensitive that they can surpass the optical wavelength range of the human eye, allowing the bionic eye to respond to wavelengths of 800 nm, that is, to work on the threshold between visual light and infrared radiation.

This means that the device can see things in the dark, when the human eye can no longer distinguish anything. According to the developers, the owner of such an eye will acquire the ability of night vision. The researchers also claim that the eye can respond to changes in light faster than the human eye, allowing it to adjust to changing conditions in less time.

Each square centimeter of the artificial retina can hold about 460 million nanoscale sensors. Then in the human retina there are about 10 million cells per square centimeter.

The scientists now intend to focus on being able to connect this bionic eye to the human visual system.

Other interesting news:

▪ crab toothpaste

▪ Hotel for robots

▪ Artificial meteor showers

▪ Smart portable storage for potatoes and onions

▪ Tesla creates artificial intelligence processors

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Cultivated and wild plants. Article selection

▪ article by Theodor Adorno. Famous aphorisms

▪ article What is liquidity? Detailed answer

▪ article Vendor who sells food for local consumption. Standard instruction on labor protection

▪ article Nine-band KB antenna. Encyclopedia of radio electronics and electrical engineering

▪ article Specialized power supply. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews