Dangerous work
The potentially hazardous work is an obsolete term in connection with the employee liability , the dogmatic of § 254 BGB was derived and a contributory negligence of the employer led. In the case of the employee's liability from the employment relationship, he had to have his operational risk taken into account and accept a reduction in his claim for damages.
The employee should be liable for work that is at risk based on accusation of guilt ( intent , gross negligence and negligence ). A dangerous job was to be assumed if the activity was associated with a high risk of damage.
The limitation of damages exclusively to damage caused by dangerous work has been abandoned by the jurisprudence and is therefore only of legal historical interest. Today, the employer's operational risk must also be taken into account in other official or operational activities.
The extent to which the employee is liable is based on a weighing of the overall circumstances, in particular the cause of the damage and the consequences of the damage, according to reasons of equity and reasonableness. The circumstances, which depending on the situation of the individual case, have to be given different weight and which cannot be conclusively described with regard to the variety of possible causes of damage, include the degree of fault on which the employee is responsible, the riskiness of the work, the amount of the Damage, a risk calculated by the employer or covered by insurance, the position of the employee in the company and the amount of remuneration that may include a risk group, possibly also the personal circumstances of the employee.
With the modernization of the law of obligations on January 1, 2002, these considerations were included in Section 276 (1) of the new version of the German Civil Code (BGB) and have since established a contractual limitation of liability in favor of the employee based on the content of the obligation.
See also
literature
- Peter Brandt: Historical development and today's meaning of the concept of dangerous work , at the same time: Bielefeld University, dissertation 1997, Shaker, Aachen 1998, ISBN 3-8265-5641-0 .
- Bernd Heine: The work of the civil servant prone to damage , University of Munich, dissertation 1969, SWB catalog no .: 002285029.
Individual evidence
- ^ Resolution of the Grand Senate of the BAG of September 21, 1994, Az. GS 1/89, NJW 1995, 210, 212, full text ( Memento of January 29, 2005 in the Internet Archive ).
- ↑ BAG s. O.; BGH, March 11, 1996, Az. II ZR 230/94, NJW 1996, 1532, full text .
