Vicarious Liability

News & Analysis as of

Is The Employee Who Injured Me Responsible for My Injuries?

A tort is a civil wrong that causes an individual to suffer harm, loss, or other injury. Generally speaking, the person who commits the tortious act is legally responsible for the victim's injuries. The theory of tort law...more

Vicarious Liability of Motor Vehicle Lessors in Canada

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the...more

The Two Exceptions to Hold a Landowner Liable for Another's Negligence

Barry P. Goldberg looks for all possible sources of recovery when his client's are injured. Often, that inquiry involves "vicarious liability" for the negligent acts of an independent contractor. At common law, a person who...more

Fast Five: Rhode Island Appellate Practice - April 2014

RHODE ISLAND BUSINESSES:ARE YOU TOO CONTROLLING? Your employees, but not your independent contractors, may think so. A Rhode Island Supreme Court decision this term serves as an important reminder for businesses...more

Appellate Court Notes - Week of March 19

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

Vicarous Liability Limitations for Actions Outside Scope of Employment of Temporary Worker

Sara Montague, et al. v. AMN Healthcare, Inc. - Court of Appeal, Fourth Appellate District (February 21, 2014) - Under the doctrine of respondeat superior, an employer is vicariously liable for the torts of its...more

Case Alert: Employer not liable for customer assault

In Mohamud v WM Morrison Supermarkets plc, the Court of Appeal decided that the employer was not vicariously liable for an employee’s assault on a customer. The fact that the employee was given exposure to customers as part...more

Trial Court Dismisses Negligent Hiring, Retention Claims Against Motor Carrier

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier's...more

D.C. Circuit Dish Network Decision Fails to Clear the Muddied TCPA Waters of a Seller’s Vicarious Liability

On January 22, 2014, the United States Court of Appeals for the District of Columbia Circuit dismissed Dish Network LLC’s petition for review of a 2013 Declaratory Ruling (“Declaratory Ruling”) by the Federal Communications...more

The GPMemorandum, Issue 176

In This Issue: - Missouri District Court Upholds Termination Of Franchise Based On Fraud: The United States District Court for the Eastern District of Missouri recently upheld a franchisor’s decision to...more

Possession is Key in Consent Case

The Ontario Superior Court of Justice recently had to consider the vicarious liability of a vehicle’s owner for the negligence of an impaired driver in Watts v. Boyce, Dunham and the Co-operators General Insurance Company,...more

Utah Employment Law Letter - December 2013: SEXUAL HARASSMENT: Supersize victory: Shift leader isn’t supervisor under Title VII

Harassment is a word employers never want to hear. A long-standing question for many employers has been the extent of their potential liability for workplace harassment. An employer’s liability for harassment under Title VII...more

Out of hours conduct - when is it a workplace issue? (Australia)

The line between conduct that may be said to have taken place within or outside the workplace is often quite blurry. While the conduct of an employee in any part of their life has the potential to affect the reputation of...more

Walking in a Winter Litigation Wonderland: Top Employment Mistakes to Avoid at Your Company Holiday Party

As 2013 draws to a close, attentions turn to the festivities and merriment of the holiday season, and many employers gear up for office holiday parties. A holiday party is a great way to reward employees for a long year’s...more

Weekly Law Resume - November 2013: Torts – Revisiting Vicarious Liability for Employee Travel-Related Accidents

Moradi v. Marsh USA, Inc. California Court of Appeal - Second Appellate District (September 17, 2013) - Halliburton Energy Services, Inc. v. Department of Transportation California Court of Appeal - Fifth...more

Defendant-Business Not Vicariously Liable For Third-Party B2B’s Unsolicited Fax Advertisements In Putative TCPA Class Action

In Palm Beach Gold Center-Boca, Inc. v. Sarris, No. 12-80178, 2013 U.S. Dist. LEXIS 155912 (S.D. Fla. Oct. 22, 2013), the United States District Court for the Southern District of Florida recently granted summary judgment in...more

Illinois Appellate Courts Issue Conflicting Additional Insured Decisions

Recently two different appellate courts in Illinois examined the issue of whether a subcontractor’s insurer is obliged to defend a general contractor as an additional insured. In Pekin Ins. Co. v. United Contr....more

Emerging Enforcement Activity Trends Toward Vicarious Liability For Service Providers

The Consumer Financial Protection Bureau’s (CFPB) latest enforcement action brings the total count relating to ancillary credit products to five. A common theme in the resulting consent orders is service provider management —...more

California Employer Held Liable For Employee’s Accident During Commute

Moradi v. Marsh USA, No. B239858 (September 17, 2013): A California Court of Appeal recently held that an employer was vicariously liable for a car accident that occurred when an employee was driving home from work. ...more

The Fifth Circuit Weighs in on Vicarious Liability under the Anti-Kickback Act

In a recent case of first impression, the Fifth Circuit broadly interpreted civil liability for government contractors under § 8706(a)(1) of the Anti-Kickback Act (the “AKA”). In United States ex rel. Vavra et al. v. Kellogg...more

Weekly Law Resume - October 2013: Torts–Vicarious Liability–Special Errand Exception to “Going and Coming” Rule

Nadja Rayii v. Melvin Ovidio Gatica, et al. - Court of Appeal, Second Appellate District, Division Three (July 24, 2013) - The “going and coming” rule generally exempts employers from liability for wrongful acts...more

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his...more

When is an Employee's Automobile Accident an Employer's Responsibility?

Two recent California Appellate decisions reached different results on the issue of when an employer is liable for an employee’s automobile accident. In Moradi v. Marsh, the court found the employer liable for an employee’s...more

Suing A Bar For Personal Injuries Caused By A “Visibly Intoxicated” Person: Sometimes Circumstantial Evidence Can Be Enough

Many people have seen it happen before: you are at a bar enjoying a cold one, someone stumbles up to the bar and orders another drink, and you think, "Geez, how in the world is that person in any condition to have another...more

Use Good Sense to Avoid Making Bad Law

Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more

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