Employer liability

Question 1

Worker’s compensation

Answer 1

A statutory substitute for tort law that imposes strict liability for on-the-job accidents, compensation is guaranteed, and a covered employer and employees are immune from claims for negligence and recklessness

Question 2

Vicarious liability

Answer 2

This doctrine imputes the wrongful conduct of a tortfeasor to a third person who is considered to be responsible for the tortfeasor’s actions and the responsibility arises out of a special relationship; ex: family, employer-employee

Question 3

Respondeat superior

Answer 3

An employer is vicariously liable for any tortious acts committed by
a) The actor was an employee as opposed to an independent contractor
b) The acts are within the scope of employment
1. Is the conduct of the kind the servant is employed to perform?
2. Does the conduct occur substantially within the authorized time and space?
3. Is the conduct actuated by a purpose to serve the master?
4. Does the conduct involve unexpectable intentional force?

Question 4

Frolic and detour

Answer 4

Where an employee makes a detour for personal reasons on a business trip and causes damages holding the employer liable if the employee was returning to the business when the action occurred

Question 5

Intentional torts

Answer 5

An employer is not liable unless it was done to the benefits of the employer’s business

Question 6

Independent contractors

Answer 6

An employee is not held liable unless there is a
a) Non delegable duty: The duty of the employer to do a particular act was rendered non delegable by statute and public policy
b) Ultrahazardous: The work done involved ultrahazardous activities such as blasting or fireworks
c) Negligence: Where an employer negligently selects an incompetent contractor

Question 7

Benefit and control

Answer 7

Was the conduct consistent with an intent to benefit the employer?
Did the employer have the right to control the employee’s behavior?
Business partners are usually held liable for torts committed within the scope of their partnership

Question 8

Apparent agency/ostensible authority

Answer 8

1. The plaintiff believed that the tortfeasor was an agent of the defendant
2. That belief was caused by the defendant’s conduct
3. The plaintiff detrimentally relied on that belief