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U.S. Legal Brief: Duty of Care and Managing Liability Risk for International Assignees


Now more than ever, employers are likely to be sued in the United States for injuries or deaths that occur to their employees located and travelling overseas. Many of these suits, whether or not they are likely to succeed, allege employer liability based on a supposed breach of its “Duty of Care” owed to those employees.

Consciousness of Duty of Care obligations has expanded on a global level over the past decade. Accordingly, more globally-mobile employees are seeking (or are being sought out by) legal counsel when things go wrong. To that end, multi-national companies, development organisations, NGOs and universities that have even limited contacts with the United States should endeavour to better understand both their legal obligations and how to mitigate liability risk.

Published by International SOS Foundation this article aims to inform companies of their Duty of Care to employees and the benefits of a prevention plan.