In recent years, a new theory of recovery for employees' injuries arising out of an employment situation has emerged where the employer's product is the proximate cause of the injury. In most situations the theory of recovery for the employee would be workmen's compensation statutes with their schedules which limit the amount the employee recovers. Recently, to avoid this inadequate measure of damages, employees' attorneys have, with increasing regularity, alleged that the injury arose out of a second or dual capacity of the employer, unrelated to and independent of the normal employer-employee obligations and duties.
Lambert, John D.
"Manufacturer's Liability as a Dual Capacity of an Employer,"
Akron Law Review: Vol. 12:
4, Article 7.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol12/iss4/7