When are "on call" workers considered vicariously liable for actions taken while they are on call?

"On call" workers can be considered vicariously liable for their actions while they are on call if they are within the scope of their employment. This liability generally hinges on the nature of their activities at the time they are called to work.

The rationale behind the correct answer lies in the principle that if an "on call" worker is going significantly out of their way, this may indicate that they are engaging in personal activities rather than performing duties related to their employment. However, if the worker's actions do not represent a significant deviation from their work duties, especially if they are still acting within the realm of their responsibilities, the employer may still be held liable for those actions.

In essence, the concept focuses on how closely the actions of the worker align with their work responsibilities. Therefore, if the worker is not straying too far from their duties, they maintain the potential for vicarious liability to attach to their employer in the event of any wrongful acts committed while on call. This understanding helps clarify when liability rests with the employer versus when it may be more appropriate to assign liability to the worker based on their actions.