Some other examples of vicarious liability at the workplace or at a worksite:

While on his way to meet with a client prospect, a sales representative cheats a yellow traffic light and collides with another car in an intersection. Because his employer had not been pulling MVRs, he had not realized the sales representative had a high frequency of points. He also had a DWI. The employer learned his lesson, but it was too late to avoid charges of vicarious liability.
Due to an increased seasonal workload, a company specializing in holiday gifts engages a temporary worker. Because the company did not run a background check, it was unaware this worker had a history of identity theft. While using the company's computer, the temporary worker steals additional identities.
An employee of a tree removal service has a known history of substance abuse. Because it is the busy fall season, he remains on the work roster. While under the influence, he makes the wrong cut and a tree limb falls on the roof of a parked car. Meanwhile, someone had been texting while sitting in that car.

Our firm specializes in developing insurance programs for physical security companies. These companies are especially vulnerable to vicarious liability when a guard is held liable for assault or battery while carrying out his duties on the job. This vulnerability becomes pronounced when the guard agency chooses to overlook the fact that the officer has a history of physical abuse. Physical security agencies are also vulnerable when a guard uses a patrol car on agency business, and the employer knows or should know that the guard intends or is likely to operate the vehicle in a manner that creates an unreasonable risk of harm. (Hot dogs should be kept on a bun, and out of company vehicles.)

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