What is vicarious liability?

• A. An employee is liable for their own torts regardless of employment.
• B. Vicarious liability is only for contract, not tort.
• C. Vicarious liability holds an employer liable for torts committed by employees in the course of employment.
• D. Vicarious liability requires joint liability with the employee.

Answer: (C)

Vicarious liability is the rule that an employer can be held responsible for harm caused by an employee when the employee is acting within the course of their employment. This reflects the relationship of control and benefit: the employer benefits from the employee’s work and should bear the risk of torts that arise from that work. The crucial point is the act is connected to the employment and performed while carrying out duties or something closely related to them. If the employee acts entirely on a private purpose or outside the scope of their job (a frolic, not connected to work), the employer is usually not liable. For example, a driver who injures a pedestrian while delivering goods is typically within the scope of employment, so the employer can be liable. The statements that are not correct either describe the employee as always liable regardless of employment, misstate that the concept only applies to contract rather than tort, or require joint liability in all cases; none capture the essence that liability arises from the employment relationship when the wrongful act is connected to the work.