Intentional Torts

While most intentional torts (e.g., sexual assault or physical and verbal abuse) are generally thought to be beyond an employee's scope of employment, Oregon courts have focused not on when the injury occurs, but on when the acts that form the basis for the vicarious liability occur. The most recent respondeat superior cases call into question an employer's liability when the injuries occur off the worksite or after hours. While an employer that has allowed inappropriate or offensive behavior to occur or has been negligent in hiring has always faced potential liability, now even an employer that attempts to implement policies and procedures to prevent vicarious liability may be faced with liability. Two highly publicized cases from the summer of 1999 involving sexual assaults on children stretch the bounds of employer liability.