ABSTRACT
Under the common law, vicarious liability extended tort liability to employers when an employee committed a tort within the scope of their employment. Since then, developments in both tort and agency law have expanded the imputation of tort liability beyond the traditional employer-employee relationship, ultimately capturing principals, agents, and independent contractors. In 2006, the American Law Institute published the Restatement (Third) of Agency, which offered the single greatest expansion within vicarious liability jurisprudence. Under section 7.08 of the Restatement (Third), a principal may be held vicariously liable for the actions or communications of an agent, so long as the injured party reasonably believed that the agent acted with apparent authority. Previously, section 267 of the Restatement (Second) required the plaintiff to show a detrimental change of position in reliance on the manifestations of an agent in order impute liability. In 2009, Idaho became one of the first states to adopt section 7.08’s expansive view of vicarious liability in Jones v HealthSouth Treasure Valley Hospital. As the twentieth anniversary of Jones approaches, the aim of this paper is to investigate the evolution of vicarious liability jurisprudence, detail the adoption of that evolution in Idaho, and inform the discussion as to whether Jones should be revisited by the Idaho Supreme Court or the Idaho Legislature.
Dayley, Wes, Vicarious Liability In Idaho Under Jones: Examining Idaho’s Expanded Liability After Nearly Two Decades (August 28, 2026).
Leave a Reply