Texas Law Concerning Vicarious Liability

An employer can be liable for the negligent acts of its employee while in the course of employment.

As a general rule, activity outside the work site, including the drive to and from work, is not considered to be a part of  “employment”.  However, this general rule has been distinguished in both vicarious liability and worker’s compensation cases if there is any benefit being provided to the employer related to the drive.

 Vicarious liability:

 Best Steel Bldgs Inc v. Hardin, 553 S.W. 122, 129 (Tex. App.—Tyler 1977, writ ref’d nre) “The fact that the preponderate motive of the servant is to benefit himself or a third person does not prevent the act from being within the scope of employment. “

Chevron U.S.A., Inc v. Lee, 847 S.W.2d 354, 356 (Tex. App.—El Paso1993, no writ)

An exception to this general rule exists when an employee “has undertaken a special mission at the direction of his employer or is otherwise performing a service in furtherance of the employer’s business with the express or implied approval of the employer” citing Gebert v. Clifton, 553 S.W.2d 230, 232 (Tex.Civ.App.–Houston [14th Dist.] 1977, writ dismissed).

 Worker’s Compensation:

Janak v. Tex. Emp. Ins. Assn., 381 SW2d 176 (Tex 1964)

Riding in car pool to work with additional duty of picking up ice for work site.

St. Paul Fire and Marine v. Confer 956 S.W.2d 825 (Tex Civ App 1997)

Picking up cassette cleaners

North River Ins Co v. John Hubbard 391 F2 863 (5^th Cir 1968)

These exceptions to the “to-from” rule related to employment are recognized outside Texas’ jurisdiction as well:

 Vicariously liable can be established if it is shown that the employee was “ ‘engaged in …those acts which incidentally or indirectly contribute to the [employer’s] service.’ ” Harris v. Oro-Dam Constructors (1969) 269 Cal.App.2d 911, 916 (quoting Kish v. California State Auto. Assn. (1922) 190 Cal. 246, 249); also see: Boynton v. McKales (1956) 139 Cal.App.2d 777, 789.

Examples of actions considered “special errands” include “getting or returning tools…” [Citations omitted.]” Munyon v. Ole’s Inc. (1982) 136 Cal. App. 3d 697, 701