What is the primary function of vicarious liability in a workplace context?

The primary function of vicarious liability in a workplace context is to hold employers accountable for the actions of their employees performed during the course of their employment. This legal doctrine recognizes that employers have a responsibility to oversee and manage their employees, and as such, they can be held liable for wrongful acts committed by employees while they are acting within the scope of their employment.

This principle ensures that if an employee causes harm to a third party while carrying out their work duties, the employer can be pursued for damages. The rationale behind this is to provide protection and recourse for victims, while also incentivizing employers to enforce proper training, supervision, and compliance with safety regulations.

Vicarious liability does not serve to protect employees from personal lawsuits, as they can still be held accountable for their actions. Nor does it primarily focus on limiting employer liability, as the aim is more to ensure that victims can secure compensation even when an employee is at fault. Additionally, it does not eliminate the need for insurance, as employers still require liability insurance to cover potential claims resulting from their employees’ actions.