possible defendants

Question 1

wrongdoer

Answer 1

• those that directly caused the harm to the plaintiff.
• it can be more than one party
• — for example: doctor, nurse and hospital involved in surgery may all be sued by the patient

Question 2

employer

Answer 2

if the employee was acting in the course of their employment when the wrong occurred, the employer can be sued and found to be vicariously liable .

if the employee was acting in an unauthorised way, the employee will not be liable

-vicariously liable- legally respinsible for someone else’s actions

Question 3

others involved in the wrong doing

Answer 3

those who encouraged, organised, planned or were indirectly involved can also be sued and found to be liable. this is known as accessorial liability.

Question 4

insurers

Answer 4

sometimes the plaintiff an sue the insurer of the person who caused the loss
—- for example: employees injured at work often sue both their employer but work safe victoria, insurer to many employers.