Employer’s Liability (Lesson 4.6) Flashcards
(9 cards)
What does CCQ 1457 state?
Everyone has a duty to act reasonably and avoid causing bodily, moral, or material injury to others.
When is an employee personally liable for damage caused at work?
If they breach their duty of care and are deemed endowed with reason, they can be held personally liable under CCQ 1457.
What is vicarious liability?
A legal doctrine under CCQ 1463 where an employer is liable for damages caused by an employee during the course of employment, even if the employer did nothing wrong.
Can an employer avoid liability by proving they were careful and supervised the employee?
No – vicarious liability is** absolute; there is no defense** if the employee caused damage while working.
Does the employer have any recourse?
Yes, the employer can sue the employee to recover damages they paid to the injured party.
Is the employer liable if the employee injures someone on their lunch break?
No, because the employee is not performing work duties.
Is the employer liable if the employee injures someone commuting to or from work?
No, commuting is outside the scope of employment.
What if the employee is a traveling salesperson and causes injury while visiting a client?
The employer is likely liable, as this falls within the employee’s** job responsibilities**.
What key question determines employer liability?
Was the employee performing work duties at the time of the incident? This is always a question of fact.
