Employer’s Liability for Damages Caused to the Thidr Parties by their Eployees

Abstract

In this paper will treat the responsibility of the employer against the employee for damages caused to third parties, as one of the types of non- contractual damage, in some European countries legislations, as well as comparisons between them. How is treated responsibility of the employer over the years, which are the innovations of the legislations for this responsibility for damage caused by the employee. This is a paper which highlights cases in which employers are charged with the responsibility for damages caused by their employers during the employment relationship, will analyze all the conditions or criteria that must be met in order that employers be charged with legal responsibility and to answer before the law and against the injured party by his employers, because employers can not be charged with responsibility, for any damage caused by their employers, limiting only to the fact that between them exists a contractual agreement through which arises employment relationship. In which case the employer may avoid liability for damages caused by their employers, Which are the conditions sets by different legislation for avoiding this kind of responsibility? Is there a such possibility or in every case the employer will be charged with responsibility for the damages caused by their employers during employment relationship? Most of the legislation determine that the employer discharged from liability if he proves that it has taken all necessary measures to avoid the damage but could not prevent it, how will prove this fact in practice?

DOI: 10.5901/mjss.2016.v7n1s1p423