“Georgia Supreme Court Reshapes Vicarious Liability Under the Commute Rule”

Swift Currie attorney Leah Parker authored an article published by Today’s General Counsel providing insight on how the, “Georgia Supreme Court Reshapes Vicarious Liability Under the Commute Rule.”

The George Supreme Court is revising their interpretation of vicarious liability under the commute rule which historically meant that liability for torts committed by employees during their commute to work would not be reflected on the employer.

Two exceptions to the rule have been established, the “Special Circumstances” and “Special Mission” exceptions. These exceptions covering instances such as handling work related phone calls while commuting, transporting work-related materials or making stops for the employer.

Due to the Prodigies Child Care Management, LLC v. Cotton ruling, the liability of an employer is determined by whether the employee’s actions were furthering the business and if the actions were in their scope of employment.

Parker recommends that companies clearly state what constitutes work-related activities during commutes and possibly implement policies that restrict employee behaviors related to work while commuting.

“From a practical perspective, in considering any revisions to company policies or employee training on these issues, employers need to consider whether the policies the company must forfeit are more valuable than the risk of occasional vicarious liability or litigation,” advised Parker.

To view the full article, you may click here.