Unit 7 Whom to Sue? Vicarious Liability and Joint Liability PA165 Mondays 8 PM EST “Do not take if allergic to aspirin.” - Bayer Aspirin

Vicarious Liability The liability of one person, called the principal, for the tortious conduct of another, subordinate individual, called the agent, who was acting on the principal’s behalf. Common example: Employer / Employee

Vicarious Liability VL is when an employer may be responsible for the negligent actions of an employee. One important component of vicarious liability is that the employee must be acting within the scope of the employee’s duties when the negligence took place.

Vicarious Liability How can an employer be liable for the actions of an employee and what is the nature of that liability? What does "scope of employment" mean in the context of vicarious liability?

Vicarious Liability Important Concept: Respondeat Superior The employer is responsible for the negligence (or, for that matter, any torts) that his or her employees commit while working. “Let the master answer.”

Vicarious Liability Important Concept: Scope of employment The range of conduct that the employer expects the employee to perform as part of his or her job. EXAMPLE: A truck driver is expected to make deliveries and pickups for the employer; these actions fall within the scope of employment. NOT Scope: But the driver is not expected to rob a liquor store while driving the company truck; this action falls outside the scope of employment.

Vicarious Liability Important Concept: Coming and Going Rule Employers are usually not vicariously liable for the negligence of their employees while the employees are coming to or going from work.

Vicarious Liability Important Concept: Frolic and Detour Rules Employers are not vicariously liable for the negligence of their employees when employees go off on their own to handle personal matters, even though they might be performing work otherwise. What do you think? Suppose that, while making deliveries for the employer, the truck driver decided to drive 180 miles to stop by and visit a friend in the next state. If the driver were negligent while detouring, Employer vicariously liable?

Vicarious Liability Important Concept: Independent Contractors Independent contractors are distinguishable from employees in that the employer does not control how an independent contractor does the job.

Vicarious Liability – DB #1 Kent owns a flower shop. He has one driver for the flower shop, Mike. Kent suspects that Mike runs some personal errands during the day; however, Mike is so efficient that Kent does not mind. Mike gets into an accident. The driver of the car sues Kent and the flower shop on the theory of respondeat superior.

Vicarious Liability – DB #1 What information would you need to collect from Kent and Mike to determine if he will be held ultimately liable for the injuries? You must list and explain all of the elements and how they will determine if Kent will be liable or not.

Vicarious Liability – DB #1 EXHIBIT 15–2 Employer-Employee Liability (Respondeat Superior)