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Torts • Vicarious Liability
TORT#110
Legal Definition
A master is vicariously liable for torts committed by their servants while they are acting within the scope of their employment.
Plain English Explanation
Employers are generally liable for the torts committed by their employees while they are doing their job.
Hypothetical
Hypo 1: Amy hires Bob at her bakery. One day, Amy realizes she is out of sugar. She tells Bob to go to the store and buy more. Bob gets in his car and, on the way to the grocery store, crashes his car into Sam. Result: Bob crashed his car while running a business-related errand for Amy, so Sam could sue Amy for his damages under respondeat superior
Hypo 2: Amy hires Bob at her bakery. One day, Amy realizes she is out of sugar. She tells Bob to go to the store and buy more. Bob gets in his car and, on the way to the grocery store, decides he wants to visit a strip club. As he's pulling into the strip club parking lot, he hits Sam's car. Result: Bob may have initially been running a business-related errand for Amy, but his personal decision to deviate from that plan and visit a strip club severs the link to his employer. As a result, Sam may not sue Amy for the damage.
Hypo 3: Amy hires Bob at her bakery. One day, Amy realizes she is out of sugar. She tells Bob to go to the store and buy more. Bob gets in his car and, on the way to the grocery store, decides he needs to get gas. As Bob pulls into the gas station, he hits Sam's car. Result: Bob crashed his car while running a business-related errand for Amy. Even though he didn't go directly to the store, the brief detour to get gas does not eliminate a link to his employer. Therefore, Sam may sue Amy for his damages.
Hypo 2: Amy hires Bob at her bakery. One day, Amy realizes she is out of sugar. She tells Bob to go to the store and buy more. Bob gets in his car and, on the way to the grocery store, decides he wants to visit a strip club. As he's pulling into the strip club parking lot, he hits Sam's car. Result: Bob may have initially been running a business-related errand for Amy, but his personal decision to deviate from that plan and visit a strip club severs the link to his employer. As a result, Sam may not sue Amy for the damage.
Hypo 3: Amy hires Bob at her bakery. One day, Amy realizes she is out of sugar. She tells Bob to go to the store and buy more. Bob gets in his car and, on the way to the grocery store, decides he needs to get gas. As Bob pulls into the gas station, he hits Sam's car. Result: Bob crashed his car while running a business-related errand for Amy. Even though he didn't go directly to the store, the brief detour to get gas does not eliminate a link to his employer. Therefore, Sam may sue Amy for his damages.
Visual Aids
Related Concepts
What is the difference between a frolic and a detour?
What is vicarious liability?
When are automobile owners vicariously liable for another's use of their vehicle?
When are employers vicariously liable for the intentional torts of their employees?
When are parents vicariously liable for the torts of their children?
When are partners or joint venturers vicariously liable for each others' torts?
When are principals vicariously liable for negligence committed by their independent contractors?
When are tavernkeepers vicariously liable for the torts of their patrons?
