Un nuevo concepto de culpa patronal

In Colombia, the employer's fault in the occurrence of work accidents or structuring of work-related illnesses responds to a subjective assessment of the behavior of a good father of a family in the administration of his business, that is, in each case the judge must examine whether the employer acted diligently or carefully or prudently, as another employer who possesses the qualities of a good father of a family would have done in a similar situation.

However, regardless of the public, private, dangerous or economic nature of the employer's activity, by creating a risk that threatens the life and health of the worker, from whom he benefits, he has the legal obligation to protect and ensure his physical integrity. and psychological. For this and other reasons explained in this book, the current subjective assessment of employer fault is reconsidered and, in its place, an objective one is proposed, whose only measurement parameter should be its compliance or non-compliance with respect to protection obligations. and security that is legally their responsibility.