Vicarious Liability

News & Analysis as of

California Expands Factors in the Vicarious Liability Control Test

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the...more

Alert: 2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Indiana Applies Heightened Summary Judgment Standard In Determining Vicarious Liability For An Employee Driving A Provided Company...

For an employee, the opportunity to drive a company vehicle is certainly a job perk. For an employer, however, issuing company vehicles comes with the risk that it may be held liable for any negligence of the employee arising...more

Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long...more

The Christmas party, and the fallout that followed

Many will recall the vicarious liability case heard earlier in 2016, involving a petrol station attendant (Mohamud v. WM Morrison Supermarkets plc. [2016] UKSC 11) where it was found on appeal that there was a sufficiently...more

Q&A with Jake Krattiger: State companies could expand on texting ban in Oklahoma

Q: Can a business prevent its employees from using mobile devices like phones, tablets and computers when operating a company vehicle? A: Absolutely. The city of Tulsa recently implemented such a policy. Additionally,...more

Court Rejects TCPA Claims Based on Theory of Third-Party Liability

The U.S. District Court for the Northern District of West Virginia recently granted summary judgment for the defendant alarm manufacturers in In re Monitronics International, Inc. Telephone Consumer Protection Act Litigation...more

When Ubering Goes Wrong: A Lesson for Both Drunks And Employers

Uber is a wonderful invention that has a primary function of driving intoxicated people from point A to point B. Sometimes, however, getting from point A to point B becomes an issue. This week, a lawsuit was filed in...more

Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not...more

When is an after-party an after-party? Christmas parties and vicarious liability claims

It’s that time of the year again – Christmas parties and work socials galore. That heady mix of festive spirit and copious amounts of free alcohol. Add in work colleagues and things can get a little bit sticky. As some...more

Private Right of Action under CASL coming July 2017

Canada’s Anti-Spam Law came into force on July 1, 2014. Since then, all eyes have been on the Canadian Radio-television and Telecommunications Commission (CRTC) for decisions concerning CASL violations. In the cases made...more

Green light given for a disgruntled student's claim against the University of Oxford to go to trial

In the recent, highly publicised, case of Faiz Siddiqui v. University of Oxford [2016] EWHC 3150 (QB), the High Court considered whether a former university student's claim for negligent teaching should be struck out or...more

Was Negligence the Cause of the Fatal Hoboken Train Crash?

Tragedy recently struck the New Jersey Transit’s Hoboken Terminal when a speeding train crashed through several safety barriers before ultimately smashing into the passenger depot. One person was killed and over 100 were...more

In Order to Avoid Liability, Employers Need to Reevaluate Employee Cell Phone Usage Policies

Employers have long understood that what their employees do on company time is directly linked to the company’s own potential liabilities. When employees using mobile electronic devices cause harm, their carelessness isn’t...more

Avoid Uber-Liability By Restricting Ridesharing Services On Campus

It’s 4:30 p.m., school soccer practice has just ended, and 11-year old Cynthia calls her mom to pick her up at school. Her mom tells Cynthia that she is busy at work but has requested an Uber to pick her up. Just as she gets...more

High Court of Australia unanimously decides against extension of time

High Court of Australia unanimously decides against granting time extension to an abuse victim in a case of extraordinary delay. In Prince Alfred College Inc v ADC [2016] HCA 37, the High Court of Australia has...more

Sixth Circuit Lifts the Lid On Pre-Approved Filings Under Seal

Any thought that the Sixth Circuit’s June decision regarding filings under seal in Shane Group, Inc. v. BlueCross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016), might be narrowly construed based upon the nature of the...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

Advanced Copyright Issues on the Internet

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

Respondeat Superior: An Employer’s Liability for Torts of Its Employees and “The Required Vehicle Exception.”

Woodland Hills personal injury lawyer Barry P. Goldberg is always looking for alternative sources of recovery, particularly in substantial injury and wrongful death cases. When the applicable bodily injury limits for the at...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #2

B. There is no vicarious liability for an occupier of land for the negligence of an independent contractor on the basis of agency. Heikkila v. Apex Land Corporation, 2016 ABCA 126 [4191]...more

Pokémon GO Home

Since its launch earlier this month, the Pokémon GO app has become the #1 downloaded app and the most searched term on Google. With as many as 25 million users in the U.S. alone, it has become a bigger distraction than...more

Federal Government and Its Contractors Exempt from the TCPA, FCC Rules

TCPA class actions continue to plague companies around the country, but a recent FCC ruling means that one big caller doesn’t have to worry: the federal government, as well as its contractors. On July 5, the Federal...more

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #3

Both the legal/registered owner and lessor and the beneficial owner and lessor of a vehicle are vicariously liable for the lessee’s vehicular negligence but only to the liability cap for lessors. Graham (Litigation...more

The Supreme Court - June 2016 #6

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

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