The Attack Occurred During The Construction Of A Fence On A Property Linked To An Environmental Project On The Rio Doce. The Justice Concluded That The Company Failed To Provide Safe Working Conditions And Maintained The Compensation For Moral Damages
The Labor Court of Minas Gerais confirmed the conviction of a company specialized in green area management to pay compensation of R$ 5 thousand to a worker bitten by a dog during work hours.
The unanimous decision of the Third Panel of the TRT-MG upheld the ruling of the Labor Court of Ponte Nova, which recognized the employer’s responsibility for the accident that occurred during the exercise of professional activity.
Dog Bite At Work Led To Compensation Claim
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In 2023, according to his account, he was bitten by a dog on his leg and in his private parts while performing his tasks.
He filed a labor lawsuit seeking compensation for moral damages.
The company confirmed the incident but denied responsibility, arguing that the attack was due to a third party’s fault or an unforeseen event, i.e., an unpredictable and unavoidable situation.
Defense Tried To Dismiss Blame, But Arguments Were Rejected
The employer argued that the accident occurred during the construction of a fence on a property linked to an agricultural and environmental revitalization project in the Córrego das Lages sub-basin on the Rio Doce.
At that time, the owner’s dog broke free from its chain and bit the worker in the groin area.
The company also claimed to have provided all the appropriate personal protective equipment (PPE) for the job. Based on these points, it requested the reversal of the conviction.
However, the presiding judge rejected the arguments.
He emphasized that, by signing a labor contract, the employer assumes the obligation to ensure safe conditions for carrying out professional activities.
If this duty is not fulfilled, the employer is liable for damages, as per articles 186 and 927 of the Civil Code.
Lack Of Prevention Led To Liability
According to the judge, the company should have previously inspected the rural property to assess whether there were safe conditions for the team to operate.
The absence of this verification constituted negligence, which founded the responsibility for the accident.
The magistrate stressed that the owner’s duty of care for the animal does not eliminate the employer’s obligation to adopt safety measures.
The Panel found that the company failed in its “general duty of diligence in supervising its business activity,” which created the obligation to compensate.
Compensation Amount Considered Reasonable And Case Closed
Based on these foundations, the TRT-MG upheld the ruling that recognized the company’s liability for inadequate safety conditions at work. The damage was considered in re ipsa, that is, presumed due to the mere occurrence of the event.
The compensation of R$ 5 thousand was maintained, considered proportional and appropriate to the case.
At the end of the trial, the case returned to the Labor Court of Ponte Nova, where the first-instance judge homologated an agreement between the parties, closing the judicial dispute.

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