Vicarious Liability Flashcards
In Virginia, regulary routine maintenance, repair, and janitorial services are…
nondelegable, as a landowner has a duty to maintain the premises in a reasonably safe condition.
(TRUE/FALSE): A landowner can be held vicariously liable for an independent contractor’s negligence in routine maintenance, repair, and janitorial services.
TRUE, because these are nondelegable.
A landowner will not be held vicariously liable for the negligence of independent contractors in improvement projects when the contractor…
has full control over the part of the premises being renovated.
In Virginia, is the owner of an automobile liable for the tortious conduct of immediate family o household members driving with the owner’s permission?
NO. Virginia rejects the family car doctrine.
Will the bailor of a chattel be vicariously liable for the tortious conduct of their bailee?
Generally, no.
HYPO: John asked D if he could borrow his gun, and D agrees. John is a mature adult who has experience handling guns, but he negligently discharges the gun and injures P. Is D vicariously liable for John’s tortious conduct?
NO – D, as the bailor, will not be liable for John’s tortious conduct.
HYPO: However, if John asked D if he could borrow his gun, and D agrees but John is an irresponsible teenager who had no experience with guns and he negligently discharges the gun and injures P. Is D vicariously liable for John’s tortious conduct?
NO – This would not be vicarious liability. However, D may be liable for his negligent act of entrusting the gun to someone who did not know how to use it properly.
In Virginia, by statute, a parent is liable for willful or malicious damage done by their child to…
public or private property up to $2,500.
