Vicarious Liability

Question 1

What is respondeat suprior?

Answer 1

Employer is liable for injuries caused by the negligence or strict liability of an employee if the tort occurred within the scope of employment

Question 2

How may an employer be held directly liable for the tortious actions of their employee?

Answer 2

Through negligent hiring

Question 3

Are employer’s liable for employee’s intentional torts?

Answer 3

Intentional torts by employees are generally outside the scope of employment

Question 4

When may an employer be held vicariously liable for an employee’s intentional tort?

Answer 4

If an employee uses force, even misguidedly, wholly or partly to further the employer’s purpose, such use of force may fall within the scope of employment, resulting in vicarious liability for the employer

Question 5

Are defendant’s liable for torts committed by independent contractors?

Answer 5

No, D’s aren’t liable for torts committed by independent contractors because D doesn’t have right to control the performance of an independent contractor

Question 6

What is the distinction between an employee and independent contractor for purposes of vicarious liability?

Answer 6

Whether a tortfeasor is an employee vs. independent contractor depends on whether the employer dictated the means, method and manner of the work, with the more control exercised, the more likely the tortfeasor is to be an employee rather than independent contractor

Question 7

Are parents vicariously liable for torts committed by their children?

Answer 7

Parents are not generally vicariously liable for torts committed by their child, absent a statute saying otherwise

Question 8

When may parents be held liable regarding their child’s acts

Answer 8

While parents are not generally vicariously liable for their child’s acts, they may be found liable for their own negligence, negligent supervision or negligent entrustment