Similarly, in the law of workers' compensation , an employer is not liable for injuries incurred by an employee during a frolic, but the employer can still face liability for the results of a detour. The term was coined in Joel v Morison. An employer is vicariously liable for the unintentional torts of his employees. Similarly, a principal is liable for unintentional torts committed by an agent.
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This rule extends to partners in a partnership , who act as agents for one another, making each partner liable for unintentional torts committed by other partners while working for the benefit of the business. A frolic presents a situation that absolves employers, principals, and partners of this liability.
To constitute a frolic or detour, the activity must be unrelated to the employer's business. However, in order for liability to be absolved, the employee must be engaged in a frolic, and not simply a detour which may or may not result in absolution depending on additional circumstances. Were he to negligently hit a pedestrian, his employer could likely still face the prospect of vicarious liability. Factors relevant to determining whether an individual was engaged in a frolic or detour in a specific circumstance include, but are not limited to the following:.
Thus, where an employer negligently permits an employee who is known to be a reckless driver, or should have been known with a basic amount of investigation that is reasonable for most employers to perform, to use a company vehicle the employer will be liable to those injured when the employee causes a car accident, even if the employee was on a frolic at the time.
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