Death damages taking over household chores and raising children

Supreme Court 10 April 2009

On 15 June 1998, an employee, married and the father of a two-year-old daughter, died while working for Philip Morris as a result of a industrial accident killed. Philip Morris admits liability for the accident. At the time of the accident, employee's spouse works in the administration of a comprehensive school. As a result of her husband's death, she reduced her work in connection with housekeeping and raising the daughter. The wife claimed in court that Philip Morris should be ordered to pay compensation for loss of maintenance for herself of €145,453.99 and for the daughter of €93,976.93.

The central issue in cassation is the question of the extent of the death damage, in particular whether account should be taken of the fact that the widow started working less after her husband's death than she was doing at the time of the death, resulting in greater damages for loss of maintenance than if the wife had continued to work. Philip Morris defends.

The Supreme Court considered that the obligation to compensate the surviving spouse for lost maintenance has a mixed character. On the one hand, the determination of this damage must be based on what the deceased was actually used to provide to the surviving spouse. On the other hand, the obligation to pay damages is partly of a maintenance nature. The Supreme Court ruled that, when calculating what the deceased was in fact accustomed to providing to the surviving relative, not only financial contributions should be taken into account, but also contributions of another nature, such as performing household chores and raising children. If such a contribution is lost due to death, the surviving spouse suffers damage and must be compensated by the person liable.

Liability for work-related personal injury is not limited to the performance of the work. And the compensation obligation extends in principle to compensation for all damages.

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