Vicarious liability holds one party responsible for another's actions, often in employer-employee relationships. Employers can be liable for employee torts committed within the scope of employment, based on the doctrine of respondeat superior.

Determining scope of employment is crucial for vicarious liability. Factors include job duties, time and place of the act, and employer control. Exceptions exist for independent contractors and some intentional torts, limiting employer liability in certain situations.

Vicarious Liability

Vicarious liability in tort law

• Legal doctrine holds one party responsible for actions or omissions of another party
• Commonly arises in employer-employee relationships (corporations, partnerships)
• Employer held liable for tortious acts committed by employees within scope of employment
• Applies when employee commits tort while acting under authority and control of employer (respondeat superior)

Doctrine of respondeat superior

• Specific type of vicarious liability meaning "let the master answer"
• Elements:
  1. Existence of employer-employee relationship at time of tortious act
  2. Employee committed tort
  3. Tort committed within scope of employment duties or in furtherance of employer's business
• If elements satisfied, employer liable for employee's tortious conduct (negligent, reckless, intentional)

Employer Liability and Scope of Employment

Employer liability for employee torts

• Employer liable when employee's tortious act committed within scope of employment
• Act related to employee's job duties or furthering employer's business interests (making deliveries, interacting with customers)
• Employer not liable for torts committed by employees acting outside scope of employment (personal errands, criminal acts unrelated to job)

Scope of employment significance

• Crucial factor in determining vicarious liability
• Range of activities employee reasonably expected to perform as part of job
• Factors considered:
  1. Job description and assigned duties
  2. Time, place, purpose of employee's act (during work hours, on company property)
  3. Foreseeability of employee's conduct
  4. Employer's control over employee's activities
• Acts outside scope of employment do not trigger employer's vicarious liability (commuting to work, engaging in personal disputes)

Exceptions to vicarious liability

• Independent contractors:
  • Employers generally not liable for torts committed by independent contractors
  • Independent contractors have more control over work and not considered employees (plumbers, electricians)
  • Exceptions: employer liable if retaining control over contractor's work or work involves inherently dangerous activities (construction, excavation)
• Intentional torts:
  • Some jurisdictions limit employer liability for intentional torts committed by employees
  • Intentional torts may be considered outside scope of employment if not related to job duties (assault, battery for personal reasons)
  • Employer may be liable if intentional tort committed in furtherance of employer's interests (bouncer using excessive force to remove patron)