Peculiarities of compensation for damage caused by a vehicle (a source of increased danger) owned by the employer
On February 19! 2024! the Supreme Court! as part of the panel of Compensation for damage judges of the First Judicial Chamber of the Civil Court of Cassation! in case No. 272/579/22! proceedings No. 61-17339св23 (EDRSRU No. 117074209)! investigated the issue of the peculiarities of compensation for damage caused by a vehicle (a source of increased danger) owned by the employer.
According to Part One of Article 1172 of the Civil Code of Ukraine
a legal entity or individual shall compensate for damage caused by their rcs data employee during the performance of his/her labor (official) duties.
The resolution of the Grand Chamber of the Supreme Court of December 5! 2018 in case No. 426/16825 /16-ц (proceedings No. 14-497цс18) states that a person who drives a vehicle in connection with the performance of his labor (service) duties on the basis of an employment agreement (contract) with a person who owns the vehicle on the appropriate eu experience in taxing imports of low-value goods legal basis (property right! other property right! contract! lease! etc.) is not an entity liable for damage caused by a source of increased danger. In this case! such an entity is the legal owner of the source of increased danger – the employer.
Damage caused as a result of a road accident due to the fault of a driver who
On the appropriate legal basis! was driving a car owned by the au emai list employer! is compensated by the owner of this source of increased danger! and not directly by the driver at fault.
The main feature of compensation for damage caused by a source of increased danger is that the owner of a dangerous object is obliged to compensate for the damage regardless of his fault . Both guilty and innocent owners of objects whose activities are a source of increased danger have the same obligation to compensate for the damage caused to the victim.
