Vicarious Liability

Question 1

What is vicarious liability?

Answer 1

Vicarious liability holds one party liable for the torts of another.

Question 2

Explain the doctrine of respondeat superior?

Answer 2

A first form of vicarious liability is the respondeat superior liability of an employer for the negligent acts of employees within the course of employment.

Question 3

What if the employee is commuting to work when an accident happens?

Answer 3

Commuting to and from work, and running person errands, are not within the course of employment, but running employer errands is.

Question 4

What if an employee intentionally did a tortious act?

Answer 4

There is generally no vicarious liability for intentional torts unless the act was in furtherance of the empolyer’s mission or the employer authorized or ratified the act.

Question 5

Do employers have direct liability?

Answer 5

Yes. Employers may have direct liability for negligent hiring or entrustment.

Question 6

What about independent contractors?

Answer 6

There may also be vicarious liability for the acts of independent contractors, where the one hiring the contractor retains control or has nondelegable duties or inherently dangerous activities, or the contractor has apparent authority.

Question 7

What about joint enterprises?

Answer 7

Vicarious liability arises if the joint enterprise is found to have a common purpose, agreement, pecuniary interest, and shared direction or control.

Question 8

What about bailments?

Answer 8

Bailors are not genrally liable to third parties who suffere damage from the bailees use of the peresonal property, but owner-consent statutes commonly change that rule as to vehicles.