Vicarious Liability Flashcards
1
Q
What is Vicarious Liability: Respondeat Superior?
A
Under the doctrine of respondeat superior, an employer is vicariously liable for the torts of its employees committed within the scope of employment
2
Q
Is an employer vicariously liable for torts of independent contractors?
A
As a general rule, people who hire independent contractors are not vicariously liable for the torts of the independent contractors.
An independent contractor is hired to accomplish a task or result but is not subject to another’s right to control the method and means by which the task is performed, or the result reached.
While there is no set list of factors for determining if someone is an independent contractor, courts typically look at the
- right to control
- the length of the working relationship
- the source of any equipment,
- and the frequency of payment
