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Court finds "dual vicarious liability" applies in flooding damage case
LONDON-Two employers can both be held vicariously liable for the conduct of a subcontracted employee, the Court of Appeal in London has ruled.
Previously, case law had held that only one employer could be found vicariously liable for a subcontracted employee's negligence.
In the case of Viasystems (Tyneside) Ltd. vs. Thermal Transfer (Northern) Ltd., S&P. Darwell Ltd., and T. Hall & C. Day trading as CAT Metal work Services, judges Lord Justice May and Lord Justice Rix ruled that two separate building companies could be held vicariously liable for the negligence of a single employee.
In passing judgment on the case, Lord Justice May noted that "it has always been assumed, since the early 19th century, to be the law that where an employee, who is lent by one employer for work for another, is negligent, liability must rest with one employer or the other, but not both."
But in their judgment handed down earlier this month, Lord Justices May and Rix ruled that two employers both could be held...