RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE

The paper undertakes an analysis of an employer`s financial liability for damages caused by an employee to a third party. The author presents controversies which appeared in this field of law in the doctrine and judicature. An attempt was made to determine the basis and regulations that trigger the...

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Main Author: Marek Jasion
Format: Article
Language:English
Published: University of Applied Sciences in Bielsko-Biała 2016-02-01
Series:Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
Subjects:
Online Access:https://ssl.wsfip.edu.pl/index.php/asej/article/view/293
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author Marek Jasion
author_facet Marek Jasion
author_sort Marek Jasion
collection DOAJ
description The paper undertakes an analysis of an employer`s financial liability for damages caused by an employee to a third party. The author presents controversies which appeared in this field of law in the doctrine and judicature. An attempt was made to determine the basis and regulations that trigger the liability of the employer. The paper presents how the regime of liability changes depending on whether the employer and the victim were or were not in any relationship of obligation before the damage occurred. However, the main purpose of the paper is to focus on a situation in which the victim, called the third party, is also an employee of the employer. The contemporary literature emphasizes the fact that the employer is increasingly burdened with the risk of paying compensation due to employment relationship with the victim. In practice, it is pointed out that the risk determines the extent of the employer’s compensation liability for damages. The aim of the paper is to analyze the practical significance of this risk in the scope of the employer's liability.
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spelling doaj.art-f61ac0a364be4c4f93a8819a945e74ff2024-03-25T11:33:50ZengUniversity of Applied Sciences in Bielsko-BiałaZeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej2543-91032543-411X2016-02-01214RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEEMarek Jasion0Jagiellonian UniversityThe paper undertakes an analysis of an employer`s financial liability for damages caused by an employee to a third party. The author presents controversies which appeared in this field of law in the doctrine and judicature. An attempt was made to determine the basis and regulations that trigger the liability of the employer. The paper presents how the regime of liability changes depending on whether the employer and the victim were or were not in any relationship of obligation before the damage occurred. However, the main purpose of the paper is to focus on a situation in which the victim, called the third party, is also an employee of the employer. The contemporary literature emphasizes the fact that the employer is increasingly burdened with the risk of paying compensation due to employment relationship with the victim. In practice, it is pointed out that the risk determines the extent of the employer’s compensation liability for damages. The aim of the paper is to analyze the practical significance of this risk in the scope of the employer's liability. https://ssl.wsfip.edu.pl/index.php/asej/article/view/293compensation riskliability for damagesemployeeemployer
spellingShingle Marek Jasion
RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE
Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
compensation risk
liability for damages
employee
employer
title RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE
title_full RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE
title_fullStr RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE
title_full_unstemmed RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE
title_short RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE
title_sort risk of compensation in the light of harm to a third party by an empoyee
topic compensation risk
liability for damages
employee
employer
url https://ssl.wsfip.edu.pl/index.php/asej/article/view/293
work_keys_str_mv AT marekjasion riskofcompensationinthelightofharmtoathirdpartybyanempoyee