Vicarious Liability

Question 1

Vicarious Liability - General Concept

Answer 1

• liability that is derivatively imposed
• means one person commits a tortious act against a third party + another person will be liable to the third party for this act

Question 2

Employer-Employee

Answer 2

• employer vicariously liable for tortious acts committed by their employee if the acts occur within the scope of the employment relationship

Question 3

Employment Vicarious Liability - Frolic vs. Detour

Answer 3

• employee making a minor deviation from employer’s business for own purposes is still acting within scope of employment
• if deviation in time or geographic area is substantial though, employer is not liable

Question 4

Employment Vicarious Liability - Intentional Torts

Answer 4

• usually not considered within scope of employment

Exceptions:
- employee is furthering the business of the employer (ex: removing customers from premises because they’re rowdy)
- force is authorized in the employment (ex: a bouncer)
- friction is generated by the employment (ex: bill collector)

Question 5

Employers - Liability for Own Negligence

Answer 5

• employers may be liable for their own negligence by negligently selecting or supervising their employees
• NOT vicarious liability in this instance

Question 6

Independent Contractor Situations

Answer 6

• hiring party generally not liable for tortious acts of independent contractor when hiring party does not control the manner and method in which the independent contractor performs the job
• public policy exceptions though where a duty is nondelegable

Question 7

Independent Contractors - Liability for Own Negligence

Answer 7

• employer may be liable for own negligence in selecting or supervising the independent contractor
• not vicarious liability

Question 8

Partners and Joint Venturers

Answer 8

• 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

Question 9

Automobile Owners + Vicarious Liability

Answer 9

• generally not vicariously liable for tortious conduct of another person driving your car

Some jurisdictions have exceptions:
- family car doctrine
- permissive use
- negligent entrustment
- driver acting as agent for owner (would be liable here)

Question 10

Family Car Doctrine

Answer 10

• in many states, owner is liable for tortious conduct of immediate family or household members who are driving with the owner’s express or implied permission

Question 11

Automobiles - Permissive Use

Answer 11

• some states impose liability for damage caused by anyone driving w/ owner’s consent
• under fed statute, rental car cos are not vicariously liable for negligent accidents of customers

Question 12

Automobiles - Negligent Entrustment

Answer 12

• owner can be liable for OWN negligence in entrusting the car to a driver

Question 13

Bailment + Vicarious Liability

Answer 13

• bailor generally not vicariously liable for tortious conduct of bailee
• could be liable under negligent entrustment though

Question 14

Parent+ Vicarious Liability

Answer 14

• parent not vicariously liable for tortious conduct of child at common law, though most states make them statutorily liable for willful + intentional torts up to a certain dollar amount
• can impose vicarious liability if child committed tort while acting as agent for parents
• parent may be held liable for negligence in allowing child to do something or failing to mitigate harmful conduct

Question 15

Tavernkeepers - Common Law

Answer 15

• no liability was imposed on vendors of intoxicating beverages for injuries resulting from patron’s intoxication, whether sustained by the patron or a third person as a result of patron’s conduct

Question 16

Tavernkeepers - Modern Law

Answer 16

• many states have enacted Dramshop Acts ->usually create cause of action in favor of any third person injured by intoxicated patron
• several courts have also imposed liability on tavernkeepers even w/o such acts based on ordinary negligence