Review article
https://doi.org/10.31141/zrpfs.2025.62.157.395
Employer Liability for Damage Caused to Third Parties by an Employee at Work or in Work-Related Situations
Trpimir Perkušić
; Pravni fakultet Sveučilišta u Splitu
Abstract
Recognizing the specific legal relationship between employees and employers arising from
employment, the Obligations Act, through its general provisions, justifiably regulates employer
liability for damage caused to third parties by an employee during work or in work-related situations
as a special case of vicarious liability. However, this legal framework is somewhat vague, leaving
numerous questions unanswered, which are not fully addressed even by the specific legal provisions
of the Labor Act regarding liability for damages arising in the workplace or in work-related
situations. By analyzing legal interpretations presented in legal doctrine and case law on this subject,
in this paper an attempt is made to provide answers to these open-ended questions. This is done by
interpreting and linking the applicable legal framework governing this institute with the specific
regulations on liability for damages occurring at work or in work-related situations. Furthermore,
the general rules of the law on obligations are appropriately applied, taking into account the unique
characteristics of the employment relationship.
Keywords
employer liability for damage caused to a third party by an employee; vicarious liability; workplace-related damages
Hrčak ID:
340168
URI
Publication date:
30.9.2025.
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