Vicarious Liability

Question 1

Saleem v. Corporate Transportation Group, Ltd. (Canvas)

Answer 1

• To be held for vicarious liability, one must be an employee not an independent contractor.
• The factors to determine if an employee or independent contractor are: extent of control employer has over details of the employee’s work, whether the work is customarily done without supervision, the skills required, whether the employer provided the equipment required for the work or place in which to perform, whether the employer is paid by the job or time worked, whether the agents work is part of the employers regular business, whether they believe they are creating an employment relationship.

Question 2

Patterson v. Blair

Answer 2

• If an employee, whether the tortious conduct was within the scope of the employee’s employment? Employee’s act is not within the scope of employment when it occurs within an independent course of conduct not intended by the employee to serve any purpose of the employer.

Question 3

Castellanos v. Tommy John, LLC

Answer 3

• An employer can be held vicariously liable if they know the work done by an independent contractor is inherently dangerous. They will be subject to liability for physical harm caused to others by the contractor’s failure to take reasonable precautions against such dangers. Examples of inherently dangerous work is installing gas pipes and underground blasting.