Liability of Managing Directors of a GmbH Reduced by Contributory Negligence of Staff?
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If employees make mistakes, to what extent is the managing director liable for the consequences? Under general principles of Austrian law, if the victim (here: the GmbH) of a culpable act also acted negligently, this will proportionally reduce the damages for which the tortfeasor (here: the managing director) can be held liable. The fall-back rule…