Section 2.16 Vicarious Liability

• Library: Tort Law 2016

B. (§2.16) Vicarious Liability

An employer may be held vicariously liable for the actions of its employee. But when the intentional tort of assault or battery is involved, the application of vicarious liability depends on the facts and circumstances of each particular case.

Generally, "[w]hether an employee is engaged in the scope and course of his employment is not measured by the time or motive of the conduct, but whether it was done by virtue of the employment and in furtherance of the business or ‘interests’ of the employer." Noah v. Ziehl, 759 S.W.2d 905, 910 (Mo. App. E.D. 1988).

Under these principles, an employer is held liable to a third person for a tort, even though not directed or commanded nor expressly authorized by the employer, provided that the employee or agent has committed [the tort] while engaged in the activity falling within the scope of his authority or employment.

Id. at 910 (citing Bass v. Kansas City Journal Post Co., 148 S.W.2d 548, 551 (Mo. 1941)).

The fact that an employee uses physical force not expressly authorized by the employer does not per se exonerate the employer. Noah, 759 S.W.2d at 910 (citing RESTATEMENT (SECOND) OF AGENCY § 245 (1957)). Whether the employee’s use of force is within the scope of employment is dependent on many factors. Noah, 759...