Vicarious Liability Flashcards
What is Vicarious Liability?
Vicarious liability is liability that is derivatively imposed. Employers are vicariously liable for the negligence of their employees, committed while the employee is acting within the scope of their employment.
What is the Doctrine of Respondent Superior?
A principal is vicariously liable for the torts of his agents committed while the agents are acting within the scope of their employment. If an employee makes a minor deviation (detour) from the employer’s business for his own purpose, he is still acting with the scope. If he makes a substantial deviation (frolic), he is not.
What is outside the Scope of Employment?
Tortious conduct by employees is not within the scope of employment, except:
(1) where force is authorized in the employment (e.g., bouncer);
(2) friction is generated by the employment (e.g., bill collector); or
(3) the employee is furthering the employer’s business (e.g., removing rowdy customers from the premises).
When is a Principal responsible for the action of an Independent Contractor?
A principal is vicariously liable for the negligence of their independent contract if:
(1) the independent contractor is engaged in inherently dangerous activities (e.g., excavating or blasting); or
(2) the duty is non-delegable (e.g., the duty to use due care in building a fence around an excavation site).
Are Partners or Joint Ventures vicariously liable for one another?
Other partners or joint venturers are vicariously liable for tortious acts committed within the scope and course of the partnership or joint venture.
Is an Automobile Owner vicariously responsible for those that he allows to drive his car?
An automobile owner is generally not liable for another person driving his car, unless:
(1) the driver is an immediate family member with permission,
(2) the driver is driving with the owner’s consent, or
(3) in cases of negligent entrustment (distinct from vicarious liability).
Is a Parent vicariously liable for their Child?
Parents are generally not liable for their children, although in some jurisdictions parents are vicariously liable for their child’s intentional torts up to a certain dollar amount. Parents are, however, responsible for their own negligence if they know of the child’s past conduct and fail to exercise reasonable control.
Are tavernkeepers (bars) vicariously liable for their patrons?
At common law, tavernkeepers are not vicariously liable for the conduct of others. Many jurisdictions have enacted Dramshop Acts, however, which create a cause of action against tavernkeepers where a third person is injured by an intoxicated vendee.
What is Joint and Several Liability?
Defendants may be jointly and severally liable where two or more negligent acts combine to proximately cause an indivisible injury. Each defendant is liable for the plaintiff’s entire injury. There is no joint liability, though, if:
(1) the defendant is adjudged to be less at fault than the plaintiff, and
(2) a defendant is liable only to his proportion of fault for a plaintiff’s non-economic damages.
