Question

While driving to work, Stan, who is Debbie's employee, gets in an accident while texting, damaging another person's car. Is Debbie liable for Stan's tort?

A. Yes
B. No

Answer 1

Debbie's liability for Stan's accident depends on the concept of vicarious liability and whether Stan was acting within the scope of his employment. If the accident occurred during a personal errand or while significantly deviating from work-related tasks, Debbie may not be liable.

Step-by-step explanation:

The liability of Debbie for Stan's tort while text messaging and driving depends on whether Stan was acting within the scope of his employment during the time of the accident. According to the principle of vicarious liability, an employer may be held responsible for the actions of an employee if those actions occur in the course of employment. However, if Stan was on a personal errand or the texting while driving was a significant deviation from employment duties, then it's unlikely that Debbie would be liable. A key consideration in such cases is whether the employee was performing work-related tasks, even if they were not performing them in the best way possible.