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Vicarious Liability Negligence Employer Liability Issues

Lathrop GPM

Pennsylvania Appellate Court Affirms Finding of Vicarious Liability Against Franchisor in Pizza Delivery Accident

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The Superior Court of Pennsylvania recently affirmed a judgment holding Domino’s Pizza vicariously liable for a motorcycle accident involving a franchisee’s delivery driver. Coryell v. Morris, — A.3d —, 2025 Pa. Super. 28...more

Freeman Law

Employer Liability for Acts of Employee | Texas Supreme Court Revisits Vicarious Liability, the “Come-And-Go” Rule, and the...

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On December 30, 2022, the Texas Supreme Court issued its opinion in Cameron International Corporation v. Martinez, __ S.W.3d __, 2022 WL __ (Tex. Dec. 30, 2022) (per curiam) (“Cameron”). The opinion addresses vicarious...more

Amundsen Davis LLC

Beware! – Illinois Employers Can Be Liable For An Employee’s Negligence

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Courts in the United States are split on whether a company’s acknowledgment of vicarious liability for an employee’s negligence, bars a claim of direct negligence against the company. Based on appellate court decisions,...more

Amundsen Davis LLC

Illinois Supreme Court Rejects Long Standing Rule and Now Allows Claims for Direct Negligent Actions Against Employers When Agency...

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In an opinion handed down on April 21, 2022, the Illinois Supreme Court reversed Illinois law and now allows direct and vicarious liability actions against employers. The decision, McQueen v. Green, 2022 IL 126666, now allows...more

Haight Brown & Bonesteel LLP

Should an Employer be Held Vicariously Liable for a Motor Vehicle Accident Its Employee Caused on Her Way Home After Working the...

A California Court of Appeals affirmed an employer’s Motion for Summary Judgment on that question, finding that the employer was not vicariously liable in a recent opinion. The case involves Clanisha Villegas, who worked for...more

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

Rumberger | Kirk

Using Vicarious Liability to Defeat Employer Negligence Claims

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In lawsuits involving commercial trucking accidents, plaintiffs frequently sue the driver’s employer for vicarious liability (respondeat superior and/or dangerous instrumentality doctrine), as well as for negligent hiring,...more

FordHarrison

Amazon Studios’ The Boys Illustrates Potential Vicarious Liability for Employers

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Warning: Contains spoilers for Amazon Studios’ The Boys. Within the past week or so, I started to watch an Amazon Studios television series called The Boys. Based on a comic book series of the same name, The Boys posits a...more

Parker Poe Adams & Bernstein LLP

N.C. Appeals Court Rejects Worker's Claim of Liability Against Trump Campaign

In a highly publicized incident during the 2016 presidential election, a Trump campaign staff worker claimed that the North Carolina campaign director threatened him with a pistol on the way to a campaign event. The worker...more

Best Best & Krieger LLP

When Is An Employer Responsible For Accidents On Employees’ Commutes? - California Court Of Appeal Reverses $14 million Judgment...

An employer is liable for an accident on an employee’s commute to and from work only if the vehicle was required for work on the day of the employee’s accident, a California appellate court has ruled. ...more

Haight Brown & Bonesteel LLP

County of Los Angeles not Vicariously Liable for its Employee’s Negligence Under the Required Vehicle Exception to the Going and...

The Case and Factors Considered - In Newland v. County of Los Angeles (2018) 2018 WL 3017203, ____ Cal.Rptr. ____ (appeal from a judgment and order of the Superior Court of Los Angeles County), a deputy public defender was...more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

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When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

Snell & Wilmer

Arizona Court Clarifies Premise Liability

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In a recent Arizona Court of Appeals case, the court clarified the rules for liability of a property owner to a person injured on the premises. In Lee v. M & H Enterprises, Inc. and Wal-Mart Stores, Inc. (filed April 21,...more

Cole Schotz

New Jersey Supreme Court Erects New Hurdle for Harassment Plaintiffs To Overcome

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Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law...more

FordHarrison

Boon to New Jersey Employers: State Supreme Court Confirms that Federal Faragher/Ellerth "Affirmative Defense" Now Applies to...

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On February 11, 2015, New Jersey's Supreme Court formally decided an important issue left open for nearly two decades concerning New Jersey's Law Against Discrimination (LAD). In Aguas v. State of New Jersey, __ N.J. __, No....more

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