Under what condition is an employer vicariously liable for the negligence of its employees?

An employer is vicariously liable for the negligence of its employees when the employee is acting within the scope of their employment. This principle is rooted in the idea that employers have a responsibility for the actions of their employees that occur while they are carrying out their job duties. When an employee is engaged in activities that are directly related to their job responsibilities, the employer may be held accountable for any negligent acts that occur during that time.

For example, if an employee is driving a company vehicle to make a delivery and causes an accident due to negligence, the employer can be held liable because the employee was acting within the scope of their employment. This liability encourages employers to provide proper training and supervision, ensuring that employees are adequately equipped to fulfill their duties.

In contrast, situations where an employee is performing unrelated tasks, is off duty, or has a history of misconduct do not typically meet the criteria for vicarious liability. These circumstances indicate that the employee was not acting in the interest or during the course of their employment, thus removing the employer's responsibility for their actions during those times.