Dual Liability and Risk Allocation

ABSTRACT The decision of the Court of Appeal in Burger v Risk Solutions raises some interesting questions as to when a temporary employer will be vicariously liable for a borrowed worker. Burger gives rise to cause for concern over the impact of outsourcing on an employer's responsibilities for those injured through the conduct of the enterprise. This notes argues that greater recourse to dual liability would lead to a more equitable allocation of risk between a claimant and the employing entities.