Topic
Vicarious Liability
281 published works
Bill Madden's Blog
Abuse: Vicarious liability legislation in ACT.
By Bill Madden
The Civil Liability (Wrongs) (Organisational Child Abuse Liability) Amendment Act 2025 has passed the Legislative Assembly on 30 October 2025 and is awaiting notification. The Act began as a private…
Ogletree Deakins Insights
American Law Institute Recommends Broadening Employer Liability for Employee Sexual Assault
By By: Bethany S. Wagner, Lauren S. Pless
Quick Hits Recent case law has indicated a gradual shift toward holding employers liable for employees’ sexual misconduct. To expand this liability for employers while acknowledging the risk of creating…
Bill Madden's Blog
Abuse: Vicarious liability, damages and liability issues as between the defendants.
By Bill Madden
WJT v Trustees of the Marist Brothers; WXC3 v Trustees of the Marist Brothers; GAC v Trustees of the Marist Brothers (No 4) [2025] NSWSC 1017 (Link to Caselaw). This…
Bill Madden's Blog
Abuse: Pleading issues and vicarious liability (NSW).
By Bill Madden
Flecknoe v Pared Ltd [2025] NSWSC 775 (Link to Caselaw). With thanks to Sarah McLelllan for drawing attention to this interlocutory decision regarding pleadings. Although the statement of claim in…
Legal Profession Blog
Medical Student A Servant?
A doctor who supervised a medical student in performing a procedure may be liable to the injured plaintiff, according to an opinion of the Georgia Supreme Courtwe agree with the…
Bill Madden's Blog
Abuse: NSWCA decision on duties, vicarious liability and non-delegable duties.
By Bill Madden
Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle v AA [2025] NSWCA 72 (Link to Caselaw). Court headnote The plaintiff (the respondent to this appeal) brought proceedings…
TortsProf Blog
Meier on Products and Vicarious Liability
Luke Meier has posted to SSRN Vicarious Product Liability. The abstract provides:Discussions regarding the strict product liability cause of action have frequently-and unfortunately-conflated two separate questions: (1) Must a plaintiff show…
Bill Madden's Blog
AAL essay prize: Bird v DP.
By Bill Madden
The Australian Academy of Law has announced the offering of its Annual Essay Prize for 2025. The amount of the Prize is $10,000. The essay topic for the Prize in…
Tort Talk
Superior Court Reviews Vicarious Liability of Domino's In MVA Case, And Whether Trial Court Decision on MSJ Remains Reviewable on Appeal After Entry of Verdict
In the case of Coryell v. Morris, No. 1977 EDA 2021 (Pa. Super. Jan. 31, 2025) (en banc) (Op. by Bowes, J.), the Pennsylvania Superior Court ruled that a Domino’s…
Louisiana Law Blog
Employee Driving and Employer Responsibilities
Two days before Christmas, the Louisiana Fifth Circuit Court of Appeal handed down an opinion that should be of note to Louisiana employers. In its opinion, the Court of Appeal…