Start Here: 5 Things You MUST Know
Vicarious liability = holding one person liable for another's torts based on their relationship (3 key relationships)
Respondeat superior = "let the master answer." Employers are liable for employees' torts committed within the scope of employment
Common law: release one joint tortfeasor = release ALL. UCAJTFA: can release one without releasing others
Market-share liability = each manufacturer pays damages proportional to its market share when the specific maker cannot be identified
Good Samaritan statutes protect emergency helpers from liability if they act in good faith without gross negligence
1. Vicarious Liability
Vicarious Liability
Holding one person liable for the torts of another, based on their relationship. The person being held liable did not personally commit the wrongful act -- but the law says their relationship with the wrongdoer makes them responsible.
Three Relationships That Create Vicarious Liability
1. Principal & Agent
A principal can be liable for their agent's torts committed within the scope of the agency.
Example: A real estate broker (principal) is liable when their agent misrepresents a property's condition to a buyer during an authorized showing.
2. Employer & Employee
Under respondeat superior ("let the master answer"), employers are liable for employees' torts committed within the scope of employment.
Example: A delivery driver runs a red light while making deliveries and hits a pedestrian. The employer is vicariously liable.
3. Parent & Child
Under the family purpose doctrine, a parent who provides a car for family use can be liable for a family member's negligent driving.
Example: A father buys a car for the family. His 17-year-old son causes an accident while driving to school. The father may be vicariously liable.
Real-World Scenario: Pizza Delivery Gone Wrong
The Setup: A pizza delivery driver (employee) runs a red light while delivering pizzas and hits a pedestrian.
What Happens: The pedestrian is seriously injured and sues.
The Result: The pedestrian can sue BOTH the driver AND the pizza company. The company is vicariously liable under respondeat superior because the driver was acting within the scope of employment (making deliveries). If the driver had been on a personal errand, the company would NOT be liable.
2. Joint Tortfeasors & Contribution
Joint Tortfeasors
Two or more people whose combined actions cause a single injury to the plaintiff. The key question: how do you divide liability among them?
Common Law vs. UCAJTFA
Common Law (Old Rule)
- Each tortfeasor is jointly and severally liable for the FULL amount
- You can sue ANY ONE of them for the entire damages
- Releasing one tortfeasor released ALL -- even if the release said otherwise
Problem: Settle with one defendant for $5,000 on a $100,000 claim? You just lost your right to sue the others for the remaining $95,000.
UCAJTFA (Modern Rule)
- A plaintiff CAN release one defendant without releasing the others
- A tortfeasor who pays more than their pro rata share has a right of contribution
- Contribution is divided equally among tortfeasors
Improvement: Settle with one defendant and still pursue the others for their shares.
Real-World Scenario: Assault by Three Attackers
The Setup: Jack, Carol, and Joe assault Tom in the dark. Tom suffers a fractured skull and $35,000 in damages. He cannot tell which of the three struck the blow.
What Happens: Tom sues only Jack (Carol moved away, Joe is hard to find).
The Result: Tom CAN sue only Jack. Under common law, Jack could be liable for the entire $35,000 (joint and several). Under UCAJTFA, Jack pays his 1/3 share and can seek contribution from Carol and Joe for the remaining amount, split equally between them.
Contribution
The right of a tortfeasor who has paid more than their fair share to collect the excess from the other tortfeasors. Under UCAJTFA, this is divided equally (not prorated by fault).
3. Special Liability Theories
When a plaintiff cannot identify which specific defendant caused their harm, courts have developed special theories to address the problem.
Enterprise / Industry-Wide Liability
When multiple companies in an industry produced the same defective product and the plaintiff cannot identify which specific company made the one that hurt them.
Alternative Liability
Two or more defendants acted negligently but only one caused harm. The burden shifts to the DEFENDANTS to prove they did not cause it.
Market-Share Liability
Each manufacturer pays damages based on its percentage share of the market. Used when the specific manufacturer's product cannot be identified.
Example: A woman took DES during pregnancy. Decades later, her daughter develops cancer. Dozens of manufacturers made DES with identical formulas. If Company A had 30% of the market, it pays 30% of damages.
Concert of Action / Conspiracy
Concert of action: Multiple parties act together in a common plan that results in harm -- all are liable. Conspiracy: An agreement to commit an unlawful act -- all conspirators are liable for resulting harm.
4. Good Samaritan Statutes
Good Samaritan Statutes
Laws that protect from liability any person who gives emergency assistance to someone in need. Purpose: encourage people to help in emergencies without fear of being sued.
Most States
Protect any person who provides emergency aid
Some States
Limit protection to medical personnel only
Key Limitations
Protection generally applies only if the helper acts in good faith and without gross negligence. Reckless or intentionally harmful actions are NOT protected.
Real-World Scenario: CPR at a Restaurant
The Setup: A nurse is eating at a restaurant when another customer collapses from an apparent heart attack. The nurse rushes over and performs CPR, accidentally breaking two of the customer's ribs.
What Happens: The customer survives but sues the nurse for the broken ribs.
The Result: The Good Samaritan statute protects the nurse from liability. She acted in good faith, provided emergency aid, and used reasonable care (broken ribs are a known risk of CPR). Without this protection, bystanders might hesitate to help, leading to more deaths.
Cheat Sheet
Print this page for quick reference3 Vicarious Liability Relationships
- Principal-Agent: liable for agent's torts within scope
- Employer-Employee: respondeat superior
- Parent-Child: family purpose doctrine
Joint Tortfeasors
- Common law: joint + several, release one = release all
- UCAJTFA: can release individually, equal contribution
- Contribution: right to recover excess from co-tortfeasors
Special Theories
- Enterprise liability: entire industry liable
- Alternative liability: burden shifts to defendants
- Market-share: pay proportional to market share
- Concert of action: common plan = all liable
Good Samaritan
- Protects emergency helpers from liability
- Most states: any person. Some: medical only
- Requires: good faith + no gross negligence
Exam Trap Alerts
1. Common Law Release = Release ALL
Under common law, releasing one joint tortfeasor releases ALL of them -- even if the release specifically says otherwise. Under UCAJTFA, this harsh rule was eliminated. Know which rule applies!
2. Respondeat Superior Requires "Scope of Employment"
An employer is NOT liable for everything an employee does. The tort must occur within the scope of employment. A delivery driver causing an accident while running a personal errand is NOT within scope.
3. Do Not Confuse the Special Theories
Alternative liability shifts burden to defendants. Market-share liability divides by market percentage. Enterprise liability holds the whole industry liable. Concert of action requires a common plan. These are distinct concepts the exam tests separately.
4. Good Samaritan Protection Is Not Absolute
Good Samaritan statutes do NOT protect against gross negligence or intentional harm. Also, some states limit protection to medical personnel only. Watch for jurisdiction-specific questions.
5. Family Purpose Doctrine Applies to Family Cars
The parent must have provided the car for family use. If the child bought their own car, the family purpose doctrine does NOT apply.
Quick Reference Summary
Vicarious Liability
Liable for another's torts based on relationship.
Respondeat Superior
Employer liable for employee torts within scope of employment.
Family Purpose Doctrine
Parent liable for family member's negligent driving of family car.
Common Law vs. UCAJTFA
CL: release one = release all. UCAJTFA: release individually.
Market-Share Liability
Pay damages proportional to market share when maker unknown.
Good Samaritan
Protects emergency helpers acting in good faith.