Proving a Vicarious Liability Connection

(When Vicarious Liability Applies)

In order to apply vicarious liability in wrongful death cases, we must establish several key elements:

Employment Relationship

The first thing we do is establish an “employment relationship”. The person who caused the death must have been an employee, not an independent contractor. This distinction often requires detailed analysis of:

• Employment agreements
• Tax documentation
• Supervision levels
• Work scheduling
• Payment methods

Scope of Employment

Next we determine “scope of employment“. We ask, “was the employee acting within the scope of his/her employment?”

It is important to note that this test goes beyond whether the employee was simply “on the clock”. It reaches into the substance of what the employee was doing and in doing so, the “off the clock” employee may still be acting within their scope of Employment and we can then hold the employer liable.

The fatal incident must have occurred while the employee was on duty or performing work duties. We examine factors such as:

• Whether the employee was on duty
• If they were performing authorized tasks
• The location of the incident
• The purpose of their activities

Connection to Work Duties

Finally, there must be a clear connection between the employee’s work responsibilities and the actions that led to death. We investigate:

• Job descriptions
• Training records
• Supervision protocols
• Safety procedures