How to reduce the risk of vicarious liability?
In performing the duties of employment, employees inevitably come into contact with third parties and/or members of the public. As such, an employer should identify those activities of employees which give rise to a risk of injury to the public and ensure that appropriate safeguards, policies and procedures are put in place. Such safeguards might include express prohibitions on certain activities, policies and guidelines regulating the activities, appropriate training and/or, in the last resort, a healthy insurance policy! Although it is not possible to eliminate the risk of vicarious liability entirely, it may be possible for employers in some cases, by demonstrating that they have taken all reasonably practicable steps to safeguard against wrongful acts by employees, to persuade a court that in the circumstances of that particular case it would not be fair and just to hold the employer liable. For further information, please contact: Name: Duncan A. W.
