Rilevanza dell’ubriachezza del lavoratore nella causazione dell’infortunio

Abstract

[Relevancy of the drunkenness of the employee in causing accident] The Supreme Court considers irrelevant the reckless behavior of the worker who is injured, constantly arguing that every accident can be widely expected by the employer who must then locate precautionary measures designed to prevent it. This article sets out to denounce the unsustainability of a dogmatic approach, that involves a constant overlap of causality and guilt, to highlight that workers must be able to manage their own area of risk, and to point out that drunkenness cannot be assimilated to carelessness, since it is predictable only by the worker.