Class 8

            American tort law is dominated by negligence claims. Yet pockets of something like strict liability remain. This Section considers two of the most important.

            Vicarious liability rules hold certain employers liable for their acts of their employees—usually, those considered to be within the scope of employment. Vicarious liability has proven controversial, but its defenders argue that the doctrine encourages employers to be more careful in hiring, firing, supervising, and disciplining employees.

            Application of the doctrine also raises interesting cultural and legal questions. What does it mean for an employee to be at work when telecommuting and freelancing have become more common? Can an intentional or even criminal act be motivated by a desire to serve the employer? Many employers, especially those in the sharing economy, designate their workers independent contractors (and partly to avoid vicarious liability). Should employers ever be vicariously liable for the acts of independent contractors?

            Strict liability for abnormally dangerous activities involves a different set of questions. This liability attaches when no amount of reasonable care can make an activity less dangerous. Generally, these are activities courts may view as socially or economically undesirable.

            In considering these claims, think about whether they serve interests not met by negligence.