Employer substitution liability pertains to responsibility allocation rather than liability formation,emphasizing distributive justice over corrective justice.Whether caused by employees,service providers,or contractors,the issue of liability formation is governed by Articles 1165 or 1166 of the Civil Code.In addition to theories of control,indemnity,or deep pockets,the theory of risk attribution supports employer substitution liability.Harm caused by an employee while performing duties reflects inherent risks of the employer's business,justifying the employer's responsibility.From a risk attribution perspective,the employment relationship and duty performance should be assessed based on whether the employee falls within the employer's risk domain.If new risks are created during duty performance and cause harm,the employee bears external responsibility.When the employee suffers harm,the employer's tort liability concerns liability formation and should be judged by Article 1165 of the Civil Code.
employer liabilitysubstitution liabilityrisk attributionnew employment forms
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