Module 15 - Vicarious Liability and Other Miscellaneous Considerations

What is vicarious liability?

Vicarious liability is when one person (the passive tortfeasor) is held liable for the tortious acts of another person (the active tortfeasor).

What is the "doctrine of respondeat superior"?

It refers to an employer being vicariously liable for tortious acts committed by their employee within the scope of employment.

What is the difference between a frolic and a detour in vicarious liability?

A detour is a minor deviation from an employer's business for personal reasons, and the employer is still liable. A frolic is a substantial deviation, and the employer is not liable.

Are employers vicariously liable for intentional torts committed by their employees?

Generally no, but exceptions include when the employee is furthering the employer's business, force is authorized, or friction is generated by employment.

When might an employer be liable for their own negligence?

Employers may be liable for their own negligence in selecting or supervising employees or independent contractors, separate from vicarious liability.

Is a hiring party vicariously liable for the torts of an independent contractor?

No, unless it involves a non-delegable duty, such as a business keeping its premises safe for customers.

Are partners and joint venturers vicariously liable for each other's torts?

Yes, if the torts are committed within the scope of the partnership or joint venture.

Is an automobile owner vicariously liable for the actions of someone driving their car?

Generally no, except in states that have the Family Car Doctrine, Permissive Use Doctrine, or if the driver is acting as the owner's agent.

What is negligent entrustment?

It is when someone is held liable for negligently entrusting an object (like a car or weapon) to someone unfit to use it.

Are parents vicariously liable for their children's torts?

At common law, no. However, many states impose liability for the willful and intentional torts of minor children up to a statutory limit.

What is the Dramshop Act?

It is a law that imposes liability on tavernkeepers for injuries caused by intoxicated patrons, typically to third parties.

What is joint and several liability?

It is when multiple defendants are held liable for the entire damage to a plaintiff, even if only one caused the injury.

What happens when a plaintiff receives full satisfaction of a claim?

The plaintiff cannot pursue other defendants once their damage claims have been fully satisfied.

What is contribution among joint tortfeasors?

It allows a defendant who pays more than their share of damages to recover the excess from other jointly liable parties.

What is indemnification in the context of joint tortfeasors?

Indemnification shifts the entire loss to another party, typically when one party is much less responsible or only vicariously liable.

Can a spouse bring a claim for loss of consortium?

Yes, either spouse may bring an action for loss of consortium due to tortious conduct against the other spouse.

What is a survival action?

It allows a party's cause of action to continue after death, except for torts involving intangible personal interests like defamation.

What is a wrongful death action?

It allows survivors to recover for pecuniary injury caused by the death of a family member due to another's tortious conduct.