Vicarious Liability Flashcards
Vicarious Liability Generally
Vicarious liability is liability that is imposed derivatively (passive tortfeasor)
It is always based on some type of relationship
GA Vicarious Liability
GA refers to vicarious liability as imputable negligence
for the negligence of one person to be properly imputable to another, the one to whom it is imputed must stand in such relationship or privity to the negligent person as to create the relationship of principal and agent.
Employer-Employee Vicarious Liability
An employer is vicariously liable for the tortuous acts committed by their employee if the tortious acts occur within the scope of the employment. (doctrine of respondeat superior)
An employee making a minor deviation from their employer’s business for their own purpose is still acting within the scope of employment. HOWEVER< if the deviation in time or geographic area is substantial, the employer is not liable (frolic)
Respondent Superior and Intentional Torts
Normally, intentional torts by the employee is not within the scope of employment
EXCEPTIONS:
1) the employee is furthering the business of the employer;
2) force is authorized in the employment; or
3) friction is generated by the employment
Liability for Independent Contractors
Generally, the principal will not be vicariously liable for the tortious acts of an independent contractor when the hiring party does not control the manner and method in which the independent contractor performs the work.
PUBLIC POLICY EXCEPTIONS
- Will be vicariously liable when a duty is nondelegable (duty to keep business premises safe);
- the activity performed by the contractor is inherently dangerous
Partners and Joint Ventures
Each member of a partnership or joint venture is vicariously liable for the tortious conduct of another member committed in the scope and course of the affairs of the partnership or joint venture.
Owner of Car and Driver
Generally, an owner of a car is not vicariously liable for the tortious conduct of another person driving the car.
FAMILY CAR DOCTRINE - many states hold the owner liable for tortious conduct of immediate family or household members who are driving with the owner’s express or implied permission
PERMISSIVE USE STATUTE - some states impose liability on the owner for damages caused by anyone driving with the owner’s consent (does not apply to rental car companies)
GA Family Car Doctrine
GA has adopted the family car doctrine - the owner is liable for the negligent driving of a family or household member using a family car with permission.
GA has not enacted a permissive use statute.
Parent and Child (vicarious liability)
A parent is not vicariously liable for the tortious conduct of their child at common law.
However, most states by statute make parent’s liable for the willful and intentional torts of their minor children up to a certain dollar amount
GA Parent Vicarious Liability
Every parent or other person having custody of a minor child is liable up to $10,000 for the child’s willful or malicious acts that result in reasonable medical expenses to another and or property damage to the property of another.
Tavernkeepers
At common law no vicarious liability is imposed on vendors of alcohol for injuries resulting from the patrons, whether the injuries were sustained by the patron or third persons from the patron’s conduct.
Today the majority of states have dramshop acts which impose vicarious liability
GA Dramshop Act
If, in the exercise of reasonable care, one selling alcoholic beverages to a minor should have known that the recipient was a minor and would be driving soon, the seller will be deemed to have knowledge of that fact.
