Vicarious Liability

Question 1

Vicarious liability

Answer 1

When an active tortfeasor’s affirmative conduct caused harm and the passive tortfeasor is liable to the third party for the active tortfeasor’s conduct

Question 2

Respondeat superior (employer-employee)

Answer 2

An employer is vicariously liable for torts committed by its employee if it occurred within the scope of the employment
-A mere “detour” from the employer’s business = still vicariously liable
-A substantial “frolic” from the employer’s business = no vicariously liability
-Intentional torts by employees are outside the scope of employment except when: (1) the employee is furthering the business of the employer (i..e, removing rowdy customer); (2) force is authorized by employment (i.e., bouncer); or (3) friction is generated by employment (i.e., debt collector)

*Distinct from negligent supervision or entrustment by employer
-Employer is liable for its own negligence in failing to supervise its employees or independent contractors

Question 3

Independent contractors

Answer 3

The hiring party is not vicariously liable for torts committed by independent contractors

Exception: independent contractor injures a customer while working on business premises

Question 4

Automobile owners

Answer 4

Not vicariously liable for tortious conduct of another person driving their automobile
-But may still be liable for their own negligence in entrusting the person with their vehicle

Question 5

Parent-Child and Tavernkeepers

Answer 5

No vicarious liability for a parent of a child who committed a tort

No vicarious liability for tavern keepers for intoxicated patrons
-Exceptions: Dramshop Act or ordinary negligence of tavern keeper