A successful new legal theory for recovering civil damages against the employer and/or insurer of a clergyman, psychologist, teacher or other counselor, who sexually molests children.
- Importance of the liability of the employer and/or insurer.
- Distinguish between vicarious and direct liability.
- Vicarious liability (“Respondeat Superior”) and the “scope of employment” defense.
- Direct liability (conscious or negligent misconduct), the “lack of knowledge” defense and the difficulty of proof.
- The new tort of clergy malpractice.
- Duty: observe the standard of care.
- Proximate causation.
- Vicarious liability of the employer/ insurance company for the tort of clergy malpractice.
- The definition of the tort destroys the “scope of employment” defense.
- Alternative theory of vicarious liability: “job created power and authority”.
- Applicability of this new legal theory to similar types of malpractice by psychologists, psychiatrists, teachers, scout masters, counselors, etc.