A delivery driver, while making deliveries during work hours in a company van, negligently rear-ends another vehicle. The injured party sues the driver's employer. Under what doctrine may the employer be held liable for the driver's negligent act?
Explanation
Respondeat superior (Latin: 'let the master answer') makes an employer vicariously liable for the negligent acts of an employee committed within the course and scope of employment. The driver was performing job duties when the accident occurred, so the employer is jointly liable with the employee. Strict liability applies to abnormally dangerous activities (e.g., blasting); res ipsa loquitur is an evidentiary doctrine; assumption of risk is a defense to negligence.
Law Reference: Restatement (Third) of Agency §7.07 (respondeat superior)This topic, taught in full in the California Property & Casualty Broker-Agent guide. California Property & Casualty Broker-Agent Study Guide — 2026 Edition — PDF + EPUB, $24.99 · 14-day refund →
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