Employer liable for worker's death after sex on business trip, court rules

Years after a man was found dead in France following a sexual encounter gone wrong, a French court judge ruled his employer is liable for the incident because he was away on a business trip at the time, according to reports.

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The employee, identified as M. Xavier, was in Loiret, a province south of Paris, on business for railroad company TSO on Feb. 21, 2013, when he suffered a fatal heart attack after having sex with a woman at her home, according to court papers posted to LinkedIn by attorney Sarah Balluet and translated to English.

The safety technician’s demise led to more than six years of litigation, court records show.

Xavier’s death “occurred when he had knowingly interrupted his mission for a reason solely dictated by his personal interest, independent of his job,” TSO argued. “[and is] not attributable to his work but to the sexual act.”

But his health insurance company, CPAM, countered that sex "relates to acts of everyday life like to take a shower or a meal." ABC News reported.

On May 27 of this year, the judge ruled in favor of CPAM, declaring that TSO failed to prove that Xavier “had placed himself outside the sphere of authority of the employer,” court papers show.


The New York Daily News reported that as a result, TSO was ordered to make monthly payments to Xavier’s family and continue adding funds to his pension.