Posts tagged #duty of care
All PostsAustrian OGH on Dismissing Employees Unfit for Work
Labour LawPursuant to Section 42(2)(2) of the WrVBO 1995 (Wiener Vertragsbedienstetenordnung, Rules for contract staff in Vienna) an employer is entitled to dismiss an employee if the employee is unfit for work for health reasons. This is particularly the case...
Austria: New Rules for Tree Owners
Civil LawThe Austrian Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) wants to put tree owners’ liability on a new footing and has recently prepared a ministerial draft which has now been submitted to the Austrian parliament. Until now, the Au...
OGH on Chairlift Operators’ Liability
Civil LawIn transportation contracts, the obligation not to harm the physical well-being of passengers is considered a secondary contractual obligation. The first and second plaintiffs were riding the defendant’s chairlift in January 2018, when the weather su...
No Insurance for Improper Use of Parking Brake
Civil LawUnder Section 61 of the Austrian Insurance Contract Act (Versicherungsvertragsgesetz, hereinafter VersVG), the insurer is released from its obligation to pay if the policyholder caused the insured event intentionally or in a grossly negligent manner....
OGH on the duty of care of a whirlpool owner
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the duty of care of a whirlpool owner. At a party, the plaintiff had suffered legionella pneumonia due to the whirlpool. The legionella formed due to a biofilm, as t...
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