Broken laptop by employer
It can happen to even the most diligent worker: he accidentally broke his boss's laptop. If he were to be liable according to the general civil law regulations, it could be very expensive. Fortunately, however, an employee's liability to his employer is limited. The principle of internal compensation for damages applies.
Liability to your employer
- Whether at the home office or directly on Workplace - It can quickly happen that you have broken your employer's laptop due to a small carelessness.
- But do not panic, in such cases you will not necessarily be held liable. The principles of in-house compensation for damages apply.
- However, these principles only apply if your work on your boss' notebook was operational and you caused the damage yourself.
- For example, if you took the notebook home with you because you wanted to finish a presentation for the next day's meeting, then this is a corporate matter. If this is the case, the next step will determine the degree of your fault.
- However, if you use the notebook to book a private trip and you drop the device, you are fully liable for the damage incurred.
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Note: If you have liability insurance and your insurance company pays the damage, the principles of in-house damage compensation do not apply.
Broken laptop due to negligence
- Did you break your boss's laptop during a business activity? Whether you are liable to your employer for the damage caused then depends on what kind of fault it is.
- You are never liable to your employer for the slightest negligence (minor guilt). One speaks of the slightest negligence when the damage, mistakes or oversights you have caused can happen to anyone. Example: Your employer's laptop has been broken by a malicious virus. That can happen to anybody. So in this case you are not liable.
- If the fault is medium negligence (medium debt), you are liable on a pro rata basis (example: you have a Glass of water parked at a safe distance and knocked over, leaving a few drops of water on the notebook's keyboard splash). How high your share is depends on the individual case. The circumstances that speak for and against you are weighed against each other. Among other things, the type and difficulty of your activity, your past behavior, the amount of damage and the risk of damage are taken into account and a "quota" is determined from this.
- If, on the other hand, you acted with gross negligence, you have unlimited liability towards your boss. You are of course fully liable even in the event of intent (e.g. B. throwing the laptop against the wall on purpose).
Note: According to ยง 619a BGB, the employer must prove your fault.
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