SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 91

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 91

91 .         Liability of employer of crowd controller for damages

        (1)         Without limiting an employer’s vicarious liability at common law, a crowd controller and his or her employer are liable jointly and severally for damages in tort for any physical injury caused by the crowd controller to any person if —

            (a)         the injury is caused while the crowd controller is performing any function referred to in section 35(1) as the employee of that employer; and

            (b)         an action for damages in tort would, apart from this section, lie against the crowd controller for the injury.

        (2)         It is a defence to an action for damages under subsection (1) against an employer for the employer to show that in causing the physical injury the employee was pursuing a purpose of his or her own not related to the duties of his or her employment.

        (3)         Where an action for damages in tort lies against a crowd controller for physical injury in the circumstances referred to in subsection (1)(a), nothing in this section affects the liability of any other person as a joint tortfeasor with the crowd controller in respect of the same injury.

        [Section 91 amended: No. 4 of 2008 s. 72.]