Vicarious liability and respondeat superior

Frolic and Detour: When an Employer’s Liability Hits a Dead End

Frolic and Detour: When an Employer’s Liability Hits a Dead End, Vicarious liability and respondeat superior

Under the legal doctrine of respondeat superior, an employer can be held legally responsible for the harm caused by an employee while doing the...

3 months ago Read More
The Frolic and Detour Rule: When Employers Are Liable for Employee Detours

The Frolic and Detour Rule: When Employers Are Liable for Employee Detours, Vicarious liability and respondeat superior

Vicarious liability holds one person responsible for another’s actions. The most common form is respondeat superior, which makes employers liable for...

3 months ago Read More
When an Employee Causes a Car Accident: Who Pays?

When an Employee Causes a Car Accident: Who Pays?, Vicarious liability and respondeat superior

If you have been hit by a car driven by someone who was working at the time, you might assume the driver alone is responsible. But the law often...

6 months ago Read More
Employee Car Accidents: The Coming-and-Going Rule and Its Exceptions

Employee Car Accidents: The Coming-and-Going Rule and Its Exceptions, Vicarious liability and respondeat superior

When an employee causes a car accident while driving, the first question people ask is usually whether the employer will pay for the damage. The...

6 months ago Read More
When an Employee’s Car Accident Becomes the Employer’s Problem

When an Employee’s Car Accident Becomes the Employer’s Problem, Vicarious liability and respondeat superior

If your employee hits another car while running a work-related errand, you as the boss could be on the hook for the damages. This is not about being...

6 months ago Read More
The ‘Course of Employment’ Test for Employee Car Accidents and Employer Liability

The ‘Course of Employment’ Test for Employee Car Accidents and Employer Liability, Vicarious liability and respondeat superior

When an employee causes a car accident while on the job, the question of who pays the damages often comes down to one simple rule: was the employee...

6 months ago Read More
How Poor Supervision Makes Your Company Liable for Employee Mistakes

How Poor Supervision Makes Your Company Liable for Employee Mistakes, Vicarious liability and respondeat superior

When an employee screws up and hurts someone, the natural reaction is to blame the employee. The law, however, often looks past the individual and...

7 months ago Read More
The Scope of Employment Rule in Employee Theft Cases

The Scope of Employment Rule in Employee Theft Cases, Vicarious liability and respondeat superior

When an employee steals from a customer or commits fraud while on the job, the natural reaction is to blame the employee. But the law often asks a...

7 months ago Read More
When an Employee Causes a Car Accident During a Lunch Break

When an Employee Causes a Car Accident During a Lunch Break, Vicarious liability and respondeat superior

Imagine your employee leaves the office at noon to grab a sandwich. On the way back, they run a red light and T-bone a minivan. The other driver...

7 months ago Read More
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Frequently Asked Questions

Get answers to the most common liability case queries.

How can a building code violation affect a real estate sale?
Code violations can significantly disrupt a sale. Most buyers conduct inspections, and discovered violations can lead to renegotiations, a lower sale price, or a canceled deal. Lenders often refuse to finance a property with major unaddressed violations. Sellers are usually legally required to disclose known violations. Failure to do so can result in the buyer suing after the purchase for the cost of repairs and other damages.
What if the injured person also broke some safety rules?
This situation involves “comparative fault.“ The court will assign a percentage of blame to each party. For example, if a worker is injured but was also not wearing required safety gear, they might be found 30% at fault. Their financial compensation would then be reduced by that 30%. In some places, if the injured party is found more than 50% at fault, they may be barred from recovering any money at all.
What are my main options if a builder refuses to fix their defective work?
First, formally notify them in writing, giving a deadline to rectify. If they refuse, you can: 1) Hire another builder to fix it and pursue the original builder for the costs, 2) Lodge a complaint with a relevant state building authority or fair trading agency, or 3) Initiate a claim through a dispute resolution service or a civil tribunal/court. The chosen path depends on the cost and complexity, but a formal expert report is crucial for all options.
Am I liable if a trespasser gets hurt on my property?
Generally, you are not liable for injuries to a trespasser from ordinary property conditions. However, you cannot set traps or intentionally cause harm. Significant exceptions exist for child trespassers if you have something attractive and dangerous on your property, like an unfenced pool or old machinery. This “attractive nuisance” doctrine requires you to take reasonable steps to secure such hazards.