Vicarious liability is a legal doctrine under which parties can be held indirectly liable for an incident and/or injury, even though they did not cause it.
Where vicariously liability is a viable theory, other case law applies. Generally, an employer is vicariously liable for the torts of its employees in the course and scope of their employment. (Baptist v. Robinson (2006) 143 Cal.App.4th 151, 160.)
Where the risk of injury is “one ‘that may be fairly regarded as typical of or broadly incidental’ to the enterprise undertaken by the employer,” the employer is deemed vicariously liable whether or not the employer breached an independent duty itself.
In the context of bouncers at a nightclub who severely injured and assaulted a client by denying entry to the club, punched and kicked by two bouncers, the bouncers were clearly acting within the course and scope of employment in denying entry to the client.
Thus, aside and apart from any negligence of the part of the employer in hiring, retaining, or supervising the bouncers, the employer may be vicariously liable for the acts of the bouncers insofar as the bouncers were acting within the course and scope of employment when they injured the client.
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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
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