Is an employer liable to an employee for medical equipment failure?

In Douglas v. Kinger 2008 ONCA 452 – the court stated that: a. While employees are expected to exercise reasonable care in the course of the duties, discipline and dismissal are more useful tools to promote deterrence without the need to impose financial responsibility; b. The employer is generally in a better position than the employee to internalize the cost of ordinary employee negligence whether as a cost of doing business or acquiring appropriate insurance; c. Certain types of employment are disproportionately fraught with risk. Minor employee error can result in major equipment malfunction and consequently significant damages. Employment relations would be greatly challenged if an employee were held responsible for a momentary lapse of attention; d. The employer enjoys the benefit of such work and accordingly, should bear the burden for any attendant losses e. There is a power imbalance inherent in most employment relationships (at pages 13/14).