Vicarious Liability

Question 1

When to Discuss Vicarious Liability

Answer 1

There is a vicarious liability issue if there is an agency or possible agency relationship. If you think there may be a vicarious liability issue, discuss it first.

Question 2

Vicarious Liability, Employees

Answer 2

Employers are vicariously liable for the negligence of their employees committed while the servants are acting within the scope of their employment.

Employers are generally not liable for an employee’s intentional tort, because intentional tortious conduct is not within the scope of employment, unless force is authorized in the employment.

Question 3

Vicarious Liability, Independent Contractors

Answer 3

A principal is vicariously liable for the negligence of their independent contractor in two situations: (1) the independent contractor is engaged in inherently dangerous activities; or (2) the duty is nondelegable - such that the duty of a business to keep its premises safe, the duty of an owner of property to keep it from being dangerous to those offsite, etc.