The defense applies where the employee initiated or participated in horseplay constituting a substantial deviation. Non-participating victims are generally covered, and employer tolerance of horseplay weakens the defense.
Larson factors assess the deviation's extent.
Alternative Names:
Horseplay|Skylarking Defense
Why it Matters?
Employer tolerance defeats the defense in most jurisdictions, since horseplay that supervisors knew about and permitted becomes an accepted incident of the employment rather than a deviation. Documenting enforcement of prohibitions is what preserves the defense. Innocent victims struck by another employee's horseplay remain covered regardless, which limits the defense to the participating employee.
Frequently Confused with
Related terms
Frequently asked questions
What defeats the horseplay defense?
Are innocent victims covered?
