Foreign domestic workers causing damage in public places: Is the employer responsible?
There was news about a child accompanied by family members accidentally knocked over a valuable figure worth tens of thousands of dollars while browsing a toy store. The figure immediately fell and was damaged. As a result, the store staff claimed that the child had kicked it and demanded compensation. The parents promptly accepted responsibility and provided compensation. However, later it was discovered through online videos that the facts were not as stated by the staff, leading to a controversy. If we change the scenario to a foreign domestic worker employed by you instead of the child, as the employer, would you be responsible for the actions of the domestic worker?
If a foreign domestic worker commits illegal acts or accidentally damages property in public, is the employer obligated to take responsibility?
Considering the concept of "vicarious liability" in legal terms, as mentioned in the news or as explained by lawyer Chan Pak Ho in an interview with TOPick media, even parents are not necessarily vicariously liable for the actions of their children unless there is negligence in supervising them.
Foreign domestic workers(FDHs) come to work in Hong Kong at the invitation of employers, and the government has regulations requiring employers to take responsibility for all medical expenses and insurance coverage for domestic workers. Therefore, there is a certain degree of "vicarious liability," meaning that employers may be held responsible for the actions of FDHs, depending on the circumstances under which those actions were carried out.
For instance, if a FDH, following your instructions, buys soda for your children on their way to school but accidentally damages a soda machine due to negligence, the employer may be held responsible. Similarly, if a FDH is cleaning windows at home and accidentally causes damage to property or injures someone on the street, the employer may likely be required to compensate.
However, if the FDHs goes out to buy groceries as per your instructions but deviates to a store to look at smartphones, damaging a brand-new phone due to negligence, and this behavior is unrelated to their assigned tasks, the general responsibility would likely fall on the domestic worker. If the FDH violates other laws in Hong Kong, the employer may also be held responsible based on the concept of "vicarious liability."
If uncertain about responsibility for damaged property, it is not necessary to immediately admit fault. Reporting the incident to the police to clarify responsibilities is an option. Employers should share this information with FDHs so that they are aware of how to handle such situations.
Opting for Foreign domestic workers insurance with personal liability coverage
Not all insurance policies include personal liability coverage, so choosing insurance that covers personal liability is crucial. Otherwise, employers may have to bear the cost of compensation out of their own pockets. California Insurance's domestic helper insurance provides personal liability coverage with an annual limit of up to HK$100,000. For more information or to apply, please visit our website.
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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use
