Vicarious liability – Recent decision shows narrowed scope of “tangible actions”

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Abstract: The doctrine of vicarious liability assigns legal responsibility for an injury to a person who didn’t cause the harm in question, but who has a particular relationship to the individual who acted negligently. This has long concerned employers, who could be at legal risk for interactions between employees that occur out of their control. This article discusses one case in which an employee claimed she was drugged and raped by her manager while off premises. No on-site harassment was at issue, but the employer might be vicariously liable if her “manager” were her “supervisor,” as defined by a recent Supreme Court decision. A sidebar takes a closer look at that decision. McCafferty v. Preiss Enterprises, No. 12-8039, Aug. 13, 2013 (10th Cir.) Vance v. Ball State University, No. 11-556, June 14, 2013 (Supreme Court)