Vicarious Liability
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Statutes
"Employee leasing companies and client companies are not held vicariously liable for the actions or omissions of the other. N.H. Rev. Stat. Ann. § 277-B:10.
An employee leasing company is a company engaged in providing ongoing employees for client companies. N.H. Rev. Stat. Ann. § 277-B:2."
Cases
The Supreme Court of New Hampshire has held that where an agency relationship does not exist between the franchisor-lessor and the franchisee-lessee, there is no vicarious liability for the negligence of the franchisee-lessee. Vandemark v. McDonald’s Corp., 904 A.2d 627, 634 (N.H. 2006). In order to establish that an agency relationship exists, the parties must show: (1) authorization from the principal that the agent shall act for him or her; (2) the agent's consent to so act; and (3) the understanding that the principal is to exert some control over the agent's actions. Id. Essentially, where the franchisor lacks control over the actions of the franchisee, there will not be vicarious liability. Id.
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Contributors
Edward H. Kammerer, Esq.
Edwards & Angell, LLP
The statutory information was edited and reviewed with the support of MultiState
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