dual capacity doctrine
- A legal rule that permits an employee to initiate a legal action against their employer for injuries sustained, which are not associated with their role as an employee
- Under the dual capacity doctrine, the injured construction worker had the right to file a lawsuit against his company after he got hurt by faulty equipment that the company manufactured.
- Due to the dual capacity doctrine, the chef was able to sue the restaurant owner for injuries caused by falling on a poorly maintained pavement outside the restaurant, despite being an employee.
- The warehouse employee was able to make a claim against his employer for injuries suffered on the job, relying on the dual capacity doctrine, because the warehouse was also the landlord of the poorly kept premises where the injury occurred.
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