The “nondelegable duty” doctrine confers liability on one party for the negligence of another to whom the former has assigned responsibility. The concept is related to, but distinct from, vicarious liability, which imposes employer liability for the negligence of an employee, provided that the latter was acting within the scope of employment. In contrast, a nondelegable duty establishes employer liability for an employee’s negligence regardless of whether the act was within or outside the scope of employment.
In Davis v. Devereux Foundation, 209 N.J. 269 (2012), the New Jersey Supreme Court held that a residential facility does not owe a nondelegable duty to prevent intentional harm committed by an employee. This case contains the court’s most extensive examination of nondelegable duty jurisprudence to date. Additionally, while the court also found vicarious liability inapplicable, the decision explores circumstances that could apply this concept in the context of criminal acts performed by an employee. Moreover, dueling opinions from the two conservative-leaning justices suggest that the issues raised are still open to interpretation.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
