fairness and fault#

• One major criticism of vicarious liability is that it contradicts the principle of fault-based liability.
• An employer may have done everything possible to select, train, and supervise an employee, yet still be held liable for their torts.
• This is more problematic when the tort occurs off-site or during remote work, where the employer has less control.
• The law risks becoming overly harsh on employers, punishing them regardless of actual fault.