Vicarious Liability

Question 1

Employer-Employee

Answer 1

An employer will be vicariously liable for tortious acts committed by their employee if the tortious acts occur within the scope of employment.
-Frolic: an employee making a minor deviation from business is still within scope
-Detour: deviation in time or geographic area is substantial

Question 2

Independent Contractor

Answer 2

Hiring party will not be vicariously liable for tortious acts of an independent contractor unless the duty was non-delegable or the activity is inherently dangerous.

Question 3

Negligent Hiring/Supervision

Answer 3

An employer may be liable for negligence in hiring/supervision an employee or contractor.

Question 4

Parent-Child

Answer 4

Absent a statute, a parent is not vicariously liable for tortious conduct by their child, but may be liable for negligence in allowing the child to do something.