Vicarious Liability

Question 1

What is Vicarious Liability?

Answer 1

A form of strict liability in which one person is liable for the tortious actions of another.

Question 2

When does Vicarious Liability arise?

Answer 2

When one person has the right, ability, or duty to control the activities of another, even though the first person was not directly liable for the injury.

Question 3

What is Respondeat Superior?

Answer 3

Liability of an Employer for an Employee’s Torts

Question 4

What is the general rule for when an employer is vicariously liable for the employee’s torts?

Answer 4

If the employer has the right to control the activities of the employee.

Absent a right to control, the person is likely an independent contractor.

Question 5

What is the scope of employment liability?

Answer 5

Conduct includes acts that the employee is employed to perform or that are intended to profit or benefit the employer.

Question 6

Is an employer liable for intentional torts of the employee?

Answer 6

General no.

Depends on whether the employee was acting within the scope of employment.

Question 7

What if the employer authorizes the employee to act on his behalf, and the employee’s position provides the opportunity to commit an intentional tort, will the employer be liable?

Answer 7

Maybe

Question 8

What is a detour? Is the employer liable when a employer detours?

Answer 8

A detour is a minor and permissible deviation from the scope of employment.

Employer may be liable for tort.

Question 9

What is a frolic? Is the employer liable when a employer liable for a frolic?

Answer 9

A frolic is an unauthorized and substantial deviation.

Employer is Not liable

Question 10

Are the employer and employee jointly and severally liable for torts committed by the employee within the scope of employement?

Answer 10

Yes

Question 11

Are employers liable for torts committed by independent contractors?

Answer 11

No

Question 12

Who is an independent contractor?

Answer 12

One hired to accomplished a task or result but who is not subject to a right of control by the employer:

Question 13

What are general traits of Independent Contractors?

Answer 13

1. Tend to have specialized skills or knowledge, e.g. physicians and plumbers; and
2. Tend to work for many employers, while employees more often work for a single employer.

Question 14

When can a employer remain liable for a Independent Contractor? Think of 4 ways

Answer 14

1. Inherently dangerous activities
2. Non-delegable duties arising out a relationship with a specific plaintiff or the public
3. The duty of a storekeeper or other operator of premises open to the public to keep such a premises in a reasonably safe condition and
4. In a minority of jurisdictions, the duty to comply with state safety statutes.

Question 15

What is negligence hiring liability?

Answer 15

When vicarious liability does not apply, the party hiring the independent contractor may be liable for his own negligence in selecting the independent contractor.

Question 16

Are parents liable for their minor children torts?

Answer 16

Generally No

Question 17

When are parents liable for their children torts?

Answer 17

1. The child commits the tort while acting as the parent’s agent
2. State statute provide for the liability of parents when children commit specified acts such as vandalism or school violence or
3. State statues requires that a parent, when he signs for the child’s driver’s license application, assumes liability for any damages caused by negligent acts that the child commits while driving a car.

Question 18

When is a parent liable for their childs conduct?

Answer 18

A parent is under a duty to exercise reasonable care to prevent a minor child from intentionally or negligently harming a third party, provided that the parent:

1. Has the ability to control the child; and
2. Knows or should know of the necessity and opportunity for exercising such control.