Employer Liability For Employee Torts

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 16 PERIODIC PAYMENT OF JUDGMENTS — LIMITATION ON CERTAIN TORT DAMAGES AND LIABILITIES 6-1607. Employer liability for employee torts. (1) No employer shall be directly or indirectly liable in tort based upon an employer/employee relationship for any act or omission of an employee which occurs after the termination of the employee’s employment unless it is shown by clear and convincing evidence that the acts or omissions of the employer itself constitute gross negligence or reckless, willful and wanton conduct as those standards are defined in section 6-904C , Idaho Code, and were a proximate cause of the damage sustained. (2)  There shall be a presumption that an employer is not liable in tort based upon an employer/employee relationship for any act or omission of a current employee unless the employee was wholly or partially engaged in the employer’s business, reasonably appeared to be engaged in the employer’s business, was on the employer’s premises when the allegedly tortious act or omission of the employee occurred, or was otherwise under the direction or control of the employer when the act or omission occurred. This presumption may be rebutted only by clear and convincing evidence that the employer’s acts or omissions constituted gross negligence or, reckless, willful and wanton conduct as those standards are defined in section 6-904C , Idaho Code, and were a proximate cause of the damage sustained. (3)  In every civil action to which this section applies, an employer shall have the right (pursuant to pretrial motion and after opportunity for discovery) to a hearing before the court in which the person asserting a claim against an employer must establish a reasonable likelihood of proving facts at trial sufficient to support a finding that liability for damages should be apportioned to the employer under the standards set forth in this section. If the court finds that this standard is not met, the claim against the employer shall be dismissed and the employer shall not be included on a special verdict form. (4)  Nothing in this section shall be construed to expand any rights of recovery under the common law or to limit any person’s rights under any other statute including, but not limited to, chapter 59, title 67 , Idaho Code, and title 72 , Idaho Code.