Does section 1714 of the California Civil Code immunize an employer from vicarious liability?
California, United States of America
The following excerpt is from Carrera v. Alefosio, G053270 (Cal. App. 2017):
11. While this result may seem at odds with our conclusion a triable issue of fact exists on the respondeat superior issue, Civil Code section 1714 and Business and Professions Code section 25602 do not immunize an employer from vicarious liability. (Childers v. Shasta Livestock Auction Yard, Inc. (1987) 190 Cal.App.3d 792, 808.) The issues of vicarious liability and direct liability for negligence require entirely separate analyses.
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