Art. 1712. If the death or injury is due to the negligence of a fellow worker, the latter and the employer shall be solidarily liable for compensation. If a fellow worker's intentional malicious act is the only cause of the death or injury, the employer shall not be answerable, unless it should be shown that the latter did not exercise due diligence in the selection or supervision of the plaintiff's fellow worker. Circumstances affecting Civil Liability Justifying circumstances defendant is free from civil liability if justifying circumstances are properly establishes Exempting Circumstances They do not erase the civil liability Mitigating and Aggravating circums-tances Damages to be adjudicated may either be decreased or increased depending on the presence of mitigating or aggravating circumstances persons relying on advice given by an expert (civil code); Art. 1341. A mere expression of an opinion does not signify unless made by an expert and the other party has relied on the former's special knowledge. (n)
Art. 1712. If the death or injury is due to the negligence of a fellow worker, the latter and the employer shall be solidarily liable for compensation. If a fellow worker's intentional malicious act is the only cause of the death or injury, the employer shall not be answerable, unless it should be shown that the latter did not exercise due diligence in the selection or supervision of the plaintiff's fellow worker. Circumstances affecting Civil Liability Justifying circumstances defendant is free from civil liability if justifying circumstances are properly establishes Exempting Circumstances They do not erase the civil liability Mitigating and Aggravating circums-tances Damages to be adjudicated may either be decreased or increased depending on the presence of mitigating or aggravating circumstances persons relying on advice given by an expert (civil code); Art. 1341. A mere expression of an opinion does not signify unless made by an expert and the other party has relied on the former's special knowledge. (n)
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