A delivery driver employed by a courier company was speeding to meet a delivery deadline when he struck a pedestrian crossing the road. The driver was running a personal errand between deliveries in violation of company policy. The pedestrian sues the courier company for damages. When is the courier company most likely to be held liable for the driver’s negligence?
The company is not liable because the personal errand was against company policy.
The company is not liable if the driver is an independent contractor rather than an employee.
The company is liable because the driver was hired and trained by the company, and the accident took place during his work hours.
The company is liable if the driver’s deviation for the personal errand was minor and the accident occurred during the course of the deviation.
The correct answer explains that under the doctrine of respondeat superior, an employer is liable for the negligent acts of an employee when those acts are performed within the scope of employment. Courts often examine whether the deviation from duties was minor and foreseeable. In this case, even if the personal errand violated company policy, a small deviation does not necessarily remove the act from the scope of employment. Incorrect answers fail because they either overstate the impact of policy violations, misunderstand the employer-employee relationship, or ignore exceptions where slight deviations may not absolve liability.
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Why would the company's policy against personal errands impact liability?