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Decision of the 11th Civil Chamber of TJ-MG Recognizes Risk Activity, Applies Objective Liability Provided for in the Civil Code, and Sets Compensation of R$ 25 Thousand for Moral Damages Following a Serious Accident in Eucalyptus Plantation
The Minas Gerais Court of Justice condemned two contractors to compensate a worker injured while cutting trees, setting R$ 25 thousand for moral damages, by recognizing objective liability in a risk activity, in a decision from the 11th Civil Chamber.
The understanding was established in a judgment that analyzed an accident that occurred in August 2020, during the cutting and transportation of wood in an eucalyptus plantation, when the worker was hit by a tree that was felled without appropriate safety measures.
The impact caused fractures in 15 ribs and a punctured lung, requiring surgeries and medical treatment, circumstances considered relevant for determining compensation for moral damages, given the physical and psychological suffering reported.
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Accident in Risk Activity Recognized by the Collegiate
According to the records, the worker was providing cutting and transportation services when he was struck by the eucalyptus, which was felled without following safety procedures, indicating negligence on the part of the service takers.
In their defense, the defendants claimed there was no employment relationship and attempted to attribute responsibility to third parties, arguing that there was no causal link between their actions and the harm suffered by the victim.
The first-instance ruling had denied the claims of the plaintiff, a decision that was reversed on appeal by the 11th Civil Chamber of TJ-MG.
Reporting Judge Applies Article 927 of the Civil Code
Reporting on the case, the summoned judge Adilon Cláver de Resende rejected the arguments presented by the defendants, emphasizing that the provision of the service was proven, regardless of a formal employment contract established between the parties.
In his vote, the judge noted that the cutting of trees constitutes a risk activity, attracting the objective liability of the service takers, as provided in Article 927 of the Civil Code.
“Given the notorious risk of the activity addressed in the records, and the duty of vigilance, there is no way to dismiss the liability of the defendants/appellees for the harmful event,” stated the reporting judge in the ruling.
Lack of PPE Weighed in Determining Compensation
The decision pointed out that the contractors did not provide personal protective equipment and failed to adopt the minimum precautions required for the safe execution of the service, a determining factor for recognizing the liability.
Moral damages were considered due to the severe injuries, the recovery period, and the physical and psychological impacts faced by the worker after the accident.
On the other hand, the request for compensation for aesthetic damages was denied, under the understanding that the scars were neither extensive nor apparent enough to cause significant embarrassment to the victim.
The information comes from a communication from the press office of TJ-MG, in case 1.0000.25.364551-9/001.
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3 pessoas reagiram a isso.