Liability & LegalQuestion 96 of 200

Under respondeat superior and BPC §7583.39, a licensed PPO (private patrol operator) is generally liable for its employee guard's torts committed:

a.Only when the employer explicitly directed the conduct
b.Only when the employee was acting outside the scope of employment
c.Within the course and scope of employment, even when the employee's specific act was negligent or wrongful, so long as it was not a substantial deviation
d.Never — only the individual guard is liable for personal torts

Explanation

Respondeat superior holds an employer vicariously liable for torts committed by an employee acting within the course and scope of employment. The doctrine applies even where the specific act was negligent or wrongful, so long as the employee was advancing employer business and the act was not a 'substantial deviation' (frolic). BPC §7583.39 reinforces this by requiring PPOs to maintain a $1,000,000 commercial general liability insurance policy, recognizing that the PPO bears financial responsibility for guard misconduct. Express direction (a) is not required; conduct outside scope (b) is the exception, not the rule; and the employer is virtually always a defendant (d).

Law Reference: Cal. Business & Professions Code §7583.39; Restatement (Second) of Agency §219

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