Tort Liability: Strict Liability and Vicarious Liability
Last Review
Last Update
Statutes
Vicarious liability appears to be controlled by common law in Oregon.
Cases
Yes, in the case of Moe v. Beck, 311 Or 499 (1991), the court imposed liability on the lessor for personal injury damages suffered by an employee of an operator, the sublessee of the lessee. The lessor had no duty to maintain the leased truck and assumed no responsibility for its condition.The injury to the employee resulted from defects in the brakes of the truck. The lessor was held liable because the truck was held to be a place of employment and the Oregon Safe Employment Act imposes a duty upon employers, employees and owners to comply with the Act's standards.
Comments
Attempts to amend this statute to overturn the Moe v. Beck case have been unsuccessful. Lessors should be aware of this case when leasing any commercial vehicles, as well as any other leased property that could be a place of employment, such as a modular building, trailer or the like.
Contributors
Mark R. Wada
The statutory information was edited and reviewed with the support of MultiState
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