Negligence: Vicarious Liability Flashcards
Vicarious Liability
When one person is held liable for another person’s negligence
Indemnification
The party held vicariously liable may seek indemnification from the party who was directly responsible
Respondeat Superior
ER is held vicariously liable for the negligence of an EE, if it occurred WITHIN THE SCOPE OF EMPLOYMENT
Respondeat Superior: Intentional Torts
ERs are generally not liable for intentional torts of EEs
EXCEPTION: EE’s conduct was within the scope of employment
Scope of Employment: Detour
MINOR deviation from scope of employment
ER is liable
Scope of Employment: Frolic
MAJOR deviation from scope of employment
ER not liable
Independent Contractor v. Employee
If ER retains RIGHT OF CONTROL over way EE does work, then that person is an EE
Torts Committed by Independent Contractors
ERs generally NOT LIABLE for torts committed by independent contractors
Torts Committed by Independent Contractors: EXCEPTIONS
ERs may be liable for torts committed by ICs when:
(1) Non-delegable Duties
(2) Apparent Agency Doctrine
Business Partners
Can be liable for torts of other business partners committed WITHIN THE SCOPE OF BUSINESS’S PURPOSE
Car Owners: Negligent Entrustment
Owner can be directly liable for negligently entrusting a vehicle to someone who is not in the position to care for it
Car Owners: Family-Purpose Doctrine
Owner may be vicariously liable for the tortious acts of any family member driving the car with permission
Car Owners: Owner Liability Statutes
Owner may be vicariously liable for the tortious acts of anyone driving the car with permission
Parents and Children
Parents generally NOT vicariously liable for their minor children’s torts
Parents CAN be liable for their own negligence with respect to children’s conduct
Dram Shop Liability
People serving alcohol may be held liable for injuries caused when people drink too much and injure third parties
