Responsibility for the death by asphyxia of the employee of the home

September 03 , 2018 // Specialty

Published in Cinco Dias

The chief's negligence in not providing his domestic employee with a suitable place to sleep makes him responsible for his death by inhaling carbon monoxide. This is established by the Superior Court of Justice in a recent ruling (access the text here), in which it extends the responsibility for the death of the woman to the gas distribution company and to the person in charge of maintenance.




The court emphasizes the "totally negligent" conduct of the employer, who did not comply with the minimum standards of protection of the safety and health of the inmate. The room in which the employee slept was a basement without ventilation or natural light and connected to a boiler room from which emanated the gases that caused his death. A site with "unacceptable" conditions according to the General Ordinance on Safety and Hygiene at Work. "No diligent parent would sleep in it or have their children sleeping in it," explains the court, which considers "blatant" the responsibility of the owner of the home. In addition, remember, from the point of view of civil liability, the owner of the property responds to damage caused by fumes caused in your home even if there was no fault or negligence. The fact of having a boiler room without sufficient ventilation already involved a risk that materialized in the production of carbon monoxide that entered the room of the employee.

The judge, who considers the appeal filed by the parents of the deceased, also declares jointly responsible to the company that distributes the gas service and to the person in charge of maintenance and reviews. None of them detected the defects of the installation that gave rise to the emission of gases and the deadly result. They even certified that there were no "main or secondary" anomalies. Since these companies had subscribed the corresponding civil liability insurance, the insurers are also responsible for the payment of compensation, a total of 92,026.37 euros that must be paid to the parents of the deceased employee.

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Responsabilidad por la muerte por asfixia de la empleada del hogar
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