Eccentric risk and limits on employer or delegate liability in workplace accident scenarios

In the context of the liability of the Employer or the Delegate for workplace accidents, two very recent rulings are particularly significant. They reach different conclusions, once again tracing the boundary between the liability of top management and its exclusion.

The first ruling is the recent judgment of the Criminal Court of Cassation, Section IV, January 14, 2026, no. 3336. Regarding the prevention of workplace accidents, the Court clarified that:

"Delegating the drafting of the Risk Assessment Document (DVR) to third parties does not exempt the employer from the non-delegable obligation to verify its adequacy and completeness regarding all risks concretely connected to the work performed, pursuant to Articles 17 and 28 of Legislative Decree no. 81/2008."

Furthermore, the Court noted that the imprudent conduct of a supervisor or worker does not break the causal link, nor does it take on an "abnormal" or "eccentric" character, if it falls within the risk area that the employer was required to manage through adequate forecasting, training, information, and supervision.

Conversely, as ruled by the Court of Potenza in the judgment of October 27, 2025, no. 1059:

"The criminal liability of the employer for injuries sustained by an employee within the company cannot be established if said injuries are not attributable to a lack of safety training or a failure to provide safety measures but are instead connected to an accidental and imprudent maneuver by the worker/injured party."

Therefore, only the correct and complete forecasting of risks within the DVR, its constant updating, and continuous training, information, and instruction of workers can exclude the liability of senior management in the event of an accident.