Which relationship typically does not create vicarious liability for the torts of another?

• A. Respondeat Superior
• B. Auto Owner
• C. Partnership Liability
• D. Independent Contractor

Answer: (D)

Vicarious liability rests on a person being an agent or employee who acts within the scope of that relationship. When the relationship is one where control and supervision over the tortfeasor’s conduct exist, liability can attach to the party who has that authority.

Respondeat Superior is the classic example: an employer is responsible for harms caused by an employee while performing duties within the employment relationship. The owner of a car can be liable for a driver’s negligent acts when the driver is using the vehicle with permission or within the scope of the car owner’s authorization, and there can also be liability for negligent entrustment if the owner knew or should have known the driver was careless. A partnership is another form of vicarious liability because partners bind the partnership; torts committed by a partner in the ordinary course are treated as the partnership’s torts, with the partners potentially personally liable as well.

Independent contractor, on the other hand, generally does not create vicarious liability for the hiring party. The contractor operates as a separate entity and controls the manner and means of how the work is done. The hiring party’s liability is limited unless exceptions apply—such as non-delegable duties, inherently dangerous activities, negligent selection or supervision, or when the employer retains significant control over the work. Therefore, the relationship that typically does not generate vicarious liability is that of independent contractor.