Employer's Liability.

... Employer's Liability Employers will be vicariously liable for torts committed by employees in the course of employment. It is applicable to claims by both third parties and fellow employees. If a fellow employee's tort is committed outside, the course of employment the employer is not vicariously liable. An employer is not vicariously liable for the torts of an independent contractor, but he will be responsible where the contractor's negligence produces a breach of the employer's primary duty. Employer liability takes one of these forms: - Vicarious liability for negligence of fellow employees - Primary liability for breach of personal, non-delegable duty - Liability for breach of statutory duty The employer's duty to his employees is personal and non-delegable. He can delegate the performance of the duty to others, but not responsibility for its negligent performance. A successful plea must prove that - A duty of care was owed - That duty was breached - Damage ensued Wilson & Clyde Coal Co.

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