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San Diego Jury finds Employer Liable for Negligence of Employee who was Off-the-Clock

Vicariously liable, or are you?  California jury finds restaurant vicariously liable for acts of employee who was off the clock at the time of accident.  “Under the respondeat superior doctrine, an employer may be vicariously liable for torts committed by an employee. The rule is based on the policy that losses caused by the torts of employees, which as a practical matter are certain to occur in the conduct of the employer’s enterprise, should be placed on the enterprise as a cost of doing business.”  (Kephart v. Genuity, Inc. (2006) 136 Cal.App.4th 280) The basic test for vicarious liability of an employer...

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