Vicarious Liability

Question 1

What is the Doctrine of Respondeat Superior?

Answer 1

States that employers are liable for the torts of their employees committed within the scope of their employment.

Question 2

What kinds of torts are covered under Respondeat Superior?

Answer 2

Generally non-intentional torts, unless the intentional tort:

1. was authorized by the employer
2. Such torts are often generated by this type of employment, OR
3. Employee is trying to further the employer’s goals

Question 3

When are car owners vicariously liable for other drivers?

Answer 3

Only if:

1. The other drivers are household members driving the car with permission- “family car” doctrine, OR
2. Anyone using the car with permission. “Permissive use” doctrine.

Question 4

When are parents liable for the torts of their children?

Answer 4

Generally parents are NOT vicariously liable, unless their child commits an intentional tort.