Company To Pay Damages For A French Engineer Who Died While Having S*x

Company To Pay Damages For A French Engineer Who Died While Having S*x

A man who died from a heart attack after having s*x with a woman he met on a business trip

is a ‘victim of a professional accident’, a French court has ruled.

Xavier X, whose surname has not been released, was an engineer working in the Loiret département

in central France on behalf of his employer, TSO, a French railway construction company.

He met a local woman on a night in February 2013, but was found dead in his hotel room

in Meung-Sur-Loire shortly after the pair had s*x.

French labor authorities asserted that Xavier’s death should be classified as an ‘accident du travail’,

which entitles the victim’s family to benefits from both the state and employer.

As a result, any partners and children of Xavier will receive a monthly benefit of up

to 80 percent of his salary until what would have been his retirement age.

Thereafter, TSO will have to contribute towards Xavier’s pension.

In 2016, a lower court ruled that ‘a sexual encounter is an act of normal life like taking

a shower or eating a meal,’ which was upheld by the appeal court in May.

Xavier’s employer argued against the decision but lost in every round.

The company argued that it could not be held accountable for the worker’s death,

even though it happened while he was on an assignment, because his heart attack was

unconnected to the job.

TSO added that the employee was not in the hotel room organized by the company during

the liason and that the encounter was adulterous.

French judges brushed aside these arguments and claimed that an employee traveling for

work remains the employer’s responsibility, regardless of what the employee does on and off work hours.

The ruling stretches back ten years when the courts declared that any accident suffered by

employees on work trips away from their work headquarters amounts to an ‘accident du travail’.

Unless the employer can prove that the worker intentionally broke from their ‘mission’

for personal reasons, then the ruling would remain in place.

Nor is the case of Xavier X the first time the ruling has been challenged.

In 2017, a French court was found liable for a traveling businessman who injured his hand

at a disco in China.

The court ruled that it did not matter if it was 2 am and the man was off duty.

Author: NZE Ihunanya

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