vicarious liability Flashcards
general rule - vicarious liability for automobile owner for driver
generally auto owner is not vicariously liable for the tortious conduct of ano ther person driving their car
family car doctrine
owner is liable for tortious conduct of immediate family or ousehold members who are driving with owners express or implied permission
permissive use - car stuff
some states now impose liability on the owner for damage caused by anyone driving their car with owners consent (exempts rental car companies)
liability for own negligence with negligent entrustment of car
an owner may be liable for their own negligence in entrusting the car to a driver; some states have included this if owner was in car and could have prevented negligent driving
driver acting as agent for owner
car owner will be liable if the driver is acting as the owners agent (like doing errands for them)
balor for bailee - vicarious liability
bailor is not vicariously liable for tortious conduct of bailee; bailor may be liable for own negligence in entrusting bailed object