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Vicarious liability is a judicially created method for enforcing remedies for wrongs committed. Dutcher v. Owens, 647 S.W.2d 948, 950- 951 (Tex. 1983)(citing Newspapers, Inc. v. Love, 380 S.W.2d 582, 588-89 (Tex. 1964).  Vicarious liability principles impute liability arising from the conduct of an active tortfeasor to another party based upon a relationship between them. Garza v. Exel Logistics, Inc., 161 S.W.3d 473, 481 (Tex. 2005); St. Joseph Hosp. v. Wolff, 94 S.W.3d 513, 540 (Tex. 2002)("The common law has long recognized that liability for one person's fault may be imputed to another who is himself entirely without fault solely because of the relationship between them.").  Vicarious liability can arise under common law principles and by statute. Garza, 161 S.W.3d at 481. Examples of vicarious liability claims are respondeat superior, agency, and statutory employee.

Vicarious Liability

© 2015 Mark Courtois and Diane Davis

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