A principal will be vicariously liable for the tortious acts of her independent contractor if the independent contractor is engaged in inherently dangerous activities . ... Respondeat superior
In which of the following circumstances may an employer be vicariously liable for on the job torts committed by an employee?
Employers are vicariously liable when the tortious act occurs within the scope of the employment relationship . This is known as the doctrine of respondeat superior
When can an employer be vicariously liable?
In most jurisdictions, an employer can be vicariously liable for an employee's negligence but will not be liable for intentionally wrongful or criminal acts, such as assault, unless the employee's intentionally wrongful acts were either required by the employment or foreseeable .
When employer is vicariously liable for the acts of an independent contractor?
Employees could be held vicariously liable for the misconduct of independent contractors if employers were negligent in choosing or retaining the contractors . Employers could be held accountable if they assigned non-delegable tasks to the contractors.
Can an employer be held vicariously liable?
In California, an employer is vicariously liable for the negligent and wrongful acts of his employees that are committed within the scope of employment . ... Whether an employee is acting within the scope of his employment is viewed broadly.
How do you prove vicarious liability?
- The employee agreement required the employee to work under the direction and control of the employer.
- The employer had inherent authority to control the employee.
- The employee's actions are within the scope of employment.
What are the two elements of vicarious liability?
Under the vicarious liability doctrine, an employer can, in some circumstances, be held legally responsible for an employee's misconduct. Two principles – control and cost-allocation – justify imposing vicarious liability on an employer for an employee's misconduct.
Is an independent contractor liable for negligence?
Generally, under COMMON LAW, the hiring party is not responsible for the NEGLIGENCE of an independent contractor. ... The hiring party may be liable when, owing to its failure to exercise reasonable care to retain a competent and careful contractor, a third party is physically harmed.
When can an organization be liable for negligent acts of independent contractors?
However, there are three exceptions. First, an employer may be liable for an independent contractor's misconduct if the employer was negligent in selecting or retaining the independent contractor . Second, an employer may be liable if the tasks assigned to an independent contractor are non-delegable.
What is the difference between servant and independent contractor?
The servant has established hours or piece work, is under the direction of the employer even as to details, cannot work for competitors and acts for the benefit of the employer rather than for himself/herself. ... An independent contractor is responsible for such payments and benefits himself/herself.
What are the principles of vicarious liability?
Under the vicarious liability doctrine, an employer can, in some circumstances, be held legally responsible for an employee's misconduct. Two principles – control and cost-allocation – justify imposing vicarious liability on an employer for an employee's misconduct.
Is the law on vicarious liability fair?
Under California's respondeat superior law , employers can often be held vicariously liable for the negligence of their employees. ... Because such accidents are a foreseeable consequence of an employee's actions in a retail business, California law deems it fair to hold the employer responsible for such injuries.
What is meant by vicarious liability?
Vicarious liability is a legal doctrine under which parties can be held indirectly liable for an injury, even though they did not cause it. In California, someone who is vicariously liable may be legally responsible for a plaintiff's medical bills, lost wages, pain and suffering and other losses .
What is the concept of strict liability?
Overview. In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action . In criminal law, possession crimes and statutory rape are both examples of strict liability offenses.
Why is vicarious liability important?
Vicarious liability is a type of a strict, secondary liability related to respondeat superior
What are the elements of strict liability?
A plaintiff suing under a theory of strict liability will need to show that there was a defect , that the defect actually and proximately caused the plaintiff's injury, and that the defect made the product unreasonably dangerous.
