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Employer's liability: Privy Council holds Jamaica liable for off-duty policeman shooting

This report relates to 1 case(s)

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    Bernard v Attorney General of Jamaica [2005] IRLR 398 PC (0 other reports)

Key points

In Bernard v Attorney-General of Jamaica, the Privy Council holds:

  • The Attorney-General of Jamaica was vicariously liable for the unlawful shooting of a member of the public by a police constable who was attempting to jump the queue for a public telephone.
  • Vicarious liability is to be determined by the principles in the House of Lords' decision in Lister v Hesley Hall Ltd [2001] IRLR 472, which include the consideration of any risks to others created by an employer that entrusts duties, tasks and functions to an employee.