Vicarious Liability Claims and the Exoneration Rule

 The legal principle of vicarious liability comes into play when a third-party pursues an employer for an employee’s negligence. When pursuing vicarious liability against an employer, remember that the exoneration rule comes into play when the employer is not a joint-tortfeasor with the employee. The exoneration rule is explained as follows: An employer may be held vicariously liable for the negligent act of its employee committed during the course and scope of employment, even when the employer itself is without fault.  Because in this context the employer is not a joint tort-feasor with the employee, the employer's liability depends on the...

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