If injury or death is caused by the intoxication of the other employee, which liability applies?

• A. Employer personal liability
• B. Public liability
• C. Employee liability to another employee
• D. Third-party liability

Answer: (C)

When harm comes from a coworker’s intoxicated actions, the party at fault is the intoxicated employee themselves. This creates personal tort liability from one employee to another—the injured coworker can pursue damages from the intoxicated employee. The employer isn’t automatically liable just because the incident happened at work, unless there’s additional fault such as negligent supervision or serving alcohol in a way that creates direct liability. Public liability isn’t about injuries within a workplace, and third-party liability covers someone outside the employer–employee relationship. So the applicable liability is the injured employee’s claim against the intoxicated coworker.