For My First year Law friends... Just found on Vicarious Liability..in torts Respondent Superior (Vicarious Liability) Respondeat superior, which literally means “let the master answer,” is a doctrine that holds one party liable for another’s actions based on their relationship. While commonly applied to hold employers responsible for certain types of their employees’ actions, this doctrine can also be relevant in principal/agent relationships. Simple negligence claims (e.g., negligent hiring, negligent entrustment of an automobile) may also apply in these relationships. Employee/employer relationships: An employer is vicariously liable for the acts of an employee as long as the employee’s acts are in the scope of employment. Thus, when an employee acts to further the employer’s business, the employer will be vicariously liable (even for intentional torts). However, if the employee commits an intentional tort for purely personal reasons unrelated to the employment, most jurisdictions will not hold an employer vicariously liable. Independent contractor/employer relationships: Generally, employers are not vicariously liable for acts committed by independent contractors. However, when inherently dangerous activities or non-delegable duties (e.g.,duty of railroad to maintain safe crossings, duty of storekeeper to make the premises reasonably safe for customers) are involved, an employer can be held vicariously liable. Automobile driver/owner relationships: In many jurisdictions, the owner is only vicariously liable if the driver is on an errand for the owner. However, in some jurisdictions, an owner is vicariously liable for drivers that are members of the owner’s household as long as the car is intended for family use. In other jurisdictions, as long as the driver has the owner’s permission to operate the vehicle, the owner is vicariously liable.
Posted on: Sun, 07 Sep 2014 09:17:37 +0000
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