Spanish Supreme Court Civil Chamber, Non-contractual liability: vicarious liability, solidarity and limits 2024
The Supreme Court Civil Chamber clarified in 2024 the limits of vicarious liability (Arts. 1902-1903 CC) of companies and principals for harm caused by their dependants. We analyse doctrine on joint liability, the required diligence standard and adequate causation.
Legal framework: Arts. 1902-1903 CC
Art. 1902 CC establishes subjective fault-based liability. Art. 1903 CC extends it to employers for harm caused by their employees (culpa in eligendo and culpa in vigilando).
Key TS doctrine 2023-2024
STS 234/2024: The employer diligence standard for exoneration is not prevention of all possible harm, but adoption of reasonable measures a diligent employer would have taken. Employer liable for failing to train worker in handling flammable materials.
STS 178/2024: In subcontracting chains, main contractor and subcontractor are jointly and severally liable to the victim (improper solidarity), without prejudice to their right of recourse against each other.
STS 456/2023: Adequate causation doctrine: employer's liability moderated to 40% when worker's employer contributed to the accident through incorrect use of defective scaffolding.
STS 89/2024: Moral damages need no proof when their existence is evident. Quantification is discretionary but must be motivated and non-arbitrary.
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