Liability of the Employer for Injury Caused to a Third Party in His or Her Workplace

Abstract

The aim of this paper is to show, using the example of the Section 101(5) of the Czech 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 the third parties at his/her workplaces, now, after the recodification, such liability is being imported. However, the rather complex legal regulation for a layman is still not settled in the application practice, and the courts are still looking for its optimal implementation in situations of ordinary life. Thus, despite a more favourable regulation for him/her, the injured party may still lose in the implementation of his/her right, if he/she incorrectly estimates the legal position of the responsible entity.