An employee injured while using a product manufactured by another division of the company might seek a products liability claim against the employer.Identify this attempt to circumvent the exclusivity rule.

Question

Quizplus · Accepted Answer

The correct answer is "Dual capacity." This doctrine allows an employee to sue their employer not just in their capacity as an employer, but also in a separate legal capacity, such as a manufacturer of a product that caused the employee's injury. This is an attempt to circumvent the exclusivity rule of workers' compensation, which typically limits employees to workers' compensation claims for workplace injuries and bars them from suing their employer.

An Employee Injured While Using a Product Manufactured by Another