Vicarious Liability Flashcards
Chapter 13
Respondeat Superior
Holds an employer responsible for the wrongful acts of an employee, if the negligent act occurred within the scope of employment (during the course of their work)
- relationship of employer and employee must exist
- when employee committed the tort, he or she must have been acting within the scope of their employment
Vicarious Liability
A defendant is held liable for someone else’s tort, usually because of a special relationship
someone else is held liable for actions of a second defendant based on relationship between them, not because D first D is at fault
Can an employer be held liable for an accident caused by an employee that occurred while driving home from work due to an illness caused by poor workplace conditions?
YES
- although respondent superior doctrine does not usually apply to an employees drive to or from work (coming and going rule)
- but it will apply if it is foreseeable that a danger arising from or related to the employees work will cause harm to others during this drive
example - employee was inhaling fumes all day at work, that made it reasonable she can get in car accident on her drive,
is an employee, who uses his car for work purposes, acting within the scope of his employment if he pulls into a gas station for an estimate on routine maintenance for the car?
he is acting within his employment when he is performing services for which he’s been employed to do
incidental task - slight deviation from duties of employment that is deemed within the scope of employment
YES, bcz the car is a company car, the gas station was on his way to his job, understood that employee must take car for maintenance and repair
independent contractors
Person who is contracted to provide services to another entity as a non-employee, person is considered to be self employed
employer is not liable for damages caused by independent contractor (unless they fall under one of 4 exceptions)
- if employer provides tools and instruments - then not independent contractor
Is newspaper sales man who has no contact with publisher and was hired by third party an independent contractor ?
yes
- individual in work for a company where company has no control over the manner in which he completes his work is considered an independent contractor
- company can not be held vicariously liable, for any wrongdoing of independent contractor, company has no contract or direct control over person hired
is owner of a car, who gets independent contractor to do manintence on the car, liable for harm caused by contractor negligence?
YES
- drivers can not pass duty to safely maintain their cars to others, including mechanics,
- even though mechanics failure to fix brakes causes issue, owner will be held responsible for mechanics negligent performance
what type of acts can an independent contractor not be held vicariously liable for? (4 exceptions to vicarious liability with independent contractors)
- non delegable duties (employers can’t pass of certain important responsibilities to other workers like contractors, bcz those duties crucial for public safety, employer can not avoid responsibility if something goes wrong, even if they hired someone else for the job)
- apparent authority
(if a company acts like a contractor is their own employee, they might have to pay for any problems caused by that contractor) - inherently dangerous activities or peculiar risk of harm
(if the job is rlly risky and needs special care, contractor should take extra precaution. if they don’t and something bad happens, employer couldn’t have expected, employer might be responsible - illegal activities
(obv if someone is doing something illegal, they can’t expect employer to cover for them if things go wrong)
Joint Enterprise
when there is an agreement either express or implied,
when a group of people agree to work together for a common goal that benefits them financially. each person in the group has the same level of control, and the project they are working on must have clear business, or money related purpose everyone shares.
Bailments
when one person (the bailee) is voluntarily in possession of goods which belong to another
under family-car doctrine,
Is car owner liable if the car was negligently driven by another person, who had the owners consent to use the car and whose use was for the business or pleasure of the owners family?
YES
the family-car doctrine states that an owner of a car is held vicariously liable when the car is negligently driven by a member of the immediate household.
Parents of teenage drivers are liable even when the teenager was exceeding the scope of the permission.
This rule does not apply to chattels
Imputed contributory Negligence
In some states, if the negligent conduct of a driver can be attributed to the owner or passenger of the vehicle, the judge may decide to bar or reduce the amount the driver has to pay in damages to a third party.
Is a state vicariously responsible for actions of foster parents, when foster child is injured because of negligence of the foster parents?
NO, foster parents are independent contractors
Can an independent contractor surgeon, delegate the duty to keep track of the sponges used during surgery (to make sure that no sponges get left inside of patient) to the surgical nurse employed at the hospital?
NO, surgeon has nondelegable duty to account for all sponges
If a customer of a grocery store accidentally slips, falls, and injures themselves because there was a wet spot left on the floor by the overnight independent contractor cleaning crew, who is responsible?
THE GROCERY STORE, they have nondelegable duty to keep premises reasonably safe for customers
