In two decisions delivered in early December 2025 (Α. ΕΡΓΟΛΗΠΤΙΚΗ ΕΤΑΙΡΕΙΑ ΓΙΑΝΝΑΚΗΣ ΓΙΑΝΝΗ ΣΥΜΕΟΥ & ΥΙΟΙ ΛΤΔ v. ΔΗΜΗΤΡΗ ΣΑΒΒΑ, Civ App. 266/2017, 2/12/2025 and ΑΛΕΞΗ ΑΛΕΞΑΝΔΡΟΥ ν. ΓΕΩΡΓΙΟΣ ΑΛΕΞΑΝΔΡΟΥ (ΚΑΛΑΜΟΥΔΙΑΣ) ΛΤΔ Civ App.301/2015,1/12/2025), the Supreme Court of Cyprus revisited key principles governing liability for workplace accidents in the construction sector. The cases concerned injuries sustained during construction activities and required the Court to assess the respective responsibilities of employers and employees where safety arrangements on site were found to be inadequate.
The Court confirmed that construction sites present heightened risks and therefore demand a structured and effective approach to health and safety. Particular attention was given to situations involving subcontractors or external specialists, who may not be fully embedded in the main contractor’s safety procedures. The judgments underline that those in control of a site cannot rely on the experience or autonomy of such workers as a substitute for clear instructions, proper coordination and an organised system of work addressing foreseeable hazards.
While deficiencies in safety management were identified, the Court also examined the conduct of the injured workers. In both cases, the employees were found to have contributed to their accidents by failing to take reasonable precautions in circumstances where the risks were apparent. As a result, contributory negligence was assessed at 25%. The Court emphasised that employees are expected to exercise judgment and care consistent with their experience and the nature of the work being performed.
At the same time, the Court reaffirmed that an employee’s failure to act prudently does not displace the employer’s overarching duty to ensure a safe working environment. That duty encompasses multiple elements, including the design of safe work systems, the provision of suitable equipment, competent supervision and safe premises. The decisions confirm that, in practice, where shortcomings in workplace safety remain the dominant cause of an accident, liability will generally rest with the party controlling the site, with contributory negligence typically reflected through a moderate reduction in damages rather than a transfer of responsibility.
Our Experience in Workplace Accident Litigation
Our firm has also successfully represented defendants in complex workplace accident litigation before the Cyprus courts, including Action No. 4005/2015 before the District Court of Limassol, where judgment was delivered on 19 November 2024.
The case concerned a claim for damages arising from an alleged workplace accident at a construction site, involving multiple defendants, including an employer and a subcontractor. The claimant alleged that he had been instructed to operate machinery outside his usual duties and sustained serious injuries when dismounting from a tractor.
The Court undertook a detailed analysis of the factual matrix, including the credibility of witnesses, the allocation of responsibilities between contractors and subcontractors, and the extent of any alleged breach of statutory and common law duties. Particular emphasis was placed on inconsistencies in the claimant’s evidence and the absence of reliable proof supporting key aspects of his account.
Importantly, the Court rejected significant parts of the claimant’s testimony as unreliable and internally contradictory, while also scrutinising allegations that he had been instructed to perform tasks beyond his role. The decision illustrates the Court’s willingness to closely examine evidential credibility and to dismiss claims where negligence is not adequately established.
The action was ultimately resolved in favour of our client, reaffirming the principle that liability in workplace accident cases must be grounded in clear, credible evidence of breach and causation, and not merely on the occurrence of an accident.
For more information, please contact Costas Georgiades or your usual contact at Chrysses Demetriades & Co LLC.
