Law Society of Ontario (LSO) Paralegal Practice Exam

In the context of vicarious liability, who is typically held responsible for an employee's actions?

1. The employee's direct supervisor

2. The employer

3. The government

4. The insurance company

The correct answer is: The employer

In the concept of vicarious liability, the employer is typically held responsible for the actions of employees when those actions occur in the course of their employment. This legal doctrine is based on the premise that an employer has a greater ability to absorb the costs of liability through their resources and business structure. The employer is charged with a duty of care to ensure that the actions of their employees are aligned with the responsibilities of their job roles. If an employee causes harm to a third party while performing their work duties, the employer can be held liable as it is seen as an incident arising from the employer-employee relationship. This principle encourages employers to implement proper training, supervision, and policies to mitigate risks and ensure safety in the workplace. In contrast, the other options do not hold the same legal standing in vicarious liability cases. The direct supervisor may have influence over an employee's behavior but is not held liable for their employees' actions. The government is generally not responsible for private employer actions unless specific statutory provisions apply. Finally, while an insurance company may cover the liability arising from an employer's actions, it does not replace the core responsibility of the employer in the matter of vicarious liability.