Not So Special! Georgia Court of Appeals Clarifies Special Circumstance and Special Mission Exceptions to Vicarious Liability

Authors

Samantha Thompson

Publication Date

4-2022

Document Type

Casenote

Abstract

The ever-increasing mobility of today’s workforce threatens employers with a risk of vicarious liability for injuries arising from their employees’ driving under the doctrine of respondeat superior. Although common law protects employers from liability for injuries arising from an employee’s commute to or from work, the special circumstance exception and the special mission exception can create vicarious liability for a Georgia employer. These exceptions bring an employee’s commute within the scope of employment when an employee acts under a special circumstance or in furtherance of a special mission at the time of an automobile accident; this creates vicarious liability for employers. In DMAC81, LLC v. Nguyen, the Georgia Court of Appeals clarified when a special circumstance or special mission creates vicarious liability for employers.

Recommended Citation

Thompson, Samantha (2022) "Not So Special! Georgia Court of Appeals Clarifies Special Circumstance and Special Mission Exceptions to Vicarious Liability," Mercer Law Review: Vol. 73: No. 3, Article 17.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol73/iss3/17