Vicarious Liability

Question 1

When will a principal be vicariously liable for the tortious acts of her independent contractor?

Answer 1

The general rule is a principal is not vicariously liable for the tortious acts of her indenpendent contractor.

Two broad exceptions exist:

1.) IC is engaged in inherently dangerous activities (excavating next to a public sidewalk, blasting, etc.) OR

2.) The duty, because of public policy considerations is simply nondelegable (the duty of a business to keep its premises safe for customers)

Question 2

What are some situations where an employer might be vicariously liable for the intentional torts of an employee?

Answer 2

An employer might be vicariously liable for the intentional torts of an employee if:

• force was authorized by employment (bouncer)
• friction was generated by employment (bill collector, loss prevention services)
• employee was furthering the employer’s business (delivery driver engages in road rage while attempting to make a delivery)