Vicarious Liability – How to avoid it
Vicarious Liability – How to avoid it
Overview
The dictionary definition of vicarious is “taking the place of another as a substitute” and the application in safety law is similar with a company potentially liable for what is done (or not done) on its behalf by its employees. The reason for this is that in the event of an injury and a claim for compensation, the insured employer will likely be better able to compensate the family than a careless worker responsible for the accident.
What Do I need to know?
Liability is strict, and the company is responsible if three tests can be passed;
1. Harm was caused (harm can be loss of time, earnings, pain, loss of health or inability to function as before).
2. Harm was caused by the employee.
3. The employee was acting “in the course of employment”.
A successful defence can be difficult as it rests on showing either the person was not employed, or was not acting in the course of employment.
What do I need to do?
• Ensure employees and sole traders appointed to carry out work at your premises or site are vetted as competent.
• Make sure you have sufficient insurance and have your cover reviewed regularly and if anything significant changes.
• Have your Health and Safety documentation written (especially if you employ 5 or more people) and if it is old, have it audited and updated by a competent safety advisor.
• Ensure all significant risks are assessed and suitable and sensible controls are in place.
• Ensure your workforce are briefed on their legal duties and standards they are expoected to work to, such as site rules.
• Make sure training for safety is up to date and refreshed.
• Commission a site or premises inspection to make sure you comply with all relevant legal requirements.
Summary
If you require any help or more information on the above, please don’t hesitate to contact us for free initial advice;
• Telephone: 0116 216 9224
• email: [email protected]