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Torts • Vicarious Liability
TORT#112
Legal Definition
Generally, employers are not vicariously liable for intentional torts committed by their employees. However, an employer may be vicariously liable where: (1) force is authorized in the employment (e.g., a club bouncer); (2) friction is generated by the employment (e.g., a debt collector); or (3) the employee is furthering the employer's business (e.g., removing a disorderly customer from the premises).
Plain English Explanation
In all types of law, "foreseeability" plays a huge role. The law tries to be fair and find compromise to balance the competing rights and interests of individuals, but it is less forgiving when one party should have been more aware of risk than the other. For that reason, even though employers are generally not vicariously liable for the intentional torts committed by their employees, they can be held vicariously liable when their employees are doing jobs that are more prone to leading to intentional torts.
For example, jobs that include some aspect of physical force or highly stressful situations will create more opportunities for things like physical fights to occur. So even if you hire a bouncer to only physically touch others when they are legally allowed to, if they snap in a fit of rage and beat someone up you may end up liable.
For example, jobs that include some aspect of physical force or highly stressful situations will create more opportunities for things like physical fights to occur. So even if you hire a bouncer to only physically touch others when they are legally allowed to, if they snap in a fit of rage and beat someone up you may end up liable.
Hypothetical
Hypo 1: Bob gets a hired by BillCo to collect debts owed. He knocks on Sam's door, explains why he is there, and requests that Sam not be a low-life who doesn't pay his bills. Sam snaps back and tells Bob, "Your mother was a hamster and your father smells of elderberries!" Bob is furious and punches Sam in the mouth. Result: BillCo is likely vicariously liable even though Bob punched Sam after being personally offended because the type of job Bob is in is one where people are generally more prone to aggression (people get pretty upset about debt collection).
Visual Aids
Related Concepts
What is respondeat superior?
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 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?
