Q&As

If a claimant is injured during a training course that was arranged by their employer but provided by a third party, does the employer owe a non-delegable duty of care?

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Published on LexisPSL on 19/03/2019

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • If a claimant is injured during a training course that was arranged by their employer but provided by a third party, does the employer owe a non-delegable duty of care?
  • Employers duty of care
  • Vicarious Liability
  • Case law

Employers duty of care

An employer is under an overriding duty to take reasonable care of its employees' health and safety. The common law duty is a personal, non-delegable duty and cannot be discharged by entrusting the safety of one employee to another or to an independent contractor.

To satisfy the common law duty an employer must provide:

  1. safe premises and a safe place to work

  2. safe plant, materials and equipment

  3. a safe system of work and safe working practices

  4. competent staff as colleagues

For further information, see Practice Note: The employer's duty of care.

Vicarious Liability

An alternative route to liability may often be available—that of vicarious liability of the employer for the act or omission of its employee or agent. Under the doctrine of vicarious liability, employers can be liable for acts or omissions where there is a relationship between employer and tortfeasor which is sufficient to trigger vicarious liability against the employer.

Vicario

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