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.
1. Importance of the liability of the employer and/or insurer.
2. Distinguish between vicarious and direct liability.
A. Vicarious liability (“Respondeat Superior”) and the “scope of employment” defense.
B. Direct liability (conscious or negligent misconduct), the “lack of knowledge” defense and the difficulty of proof.
3. The new tort of clergy malpractice.
A. Duty: observe the standard of care.
D. Proximate causation.
4. Vicarious liability of the employer/ insurance company for the tort of clergy malpractice.
A. The definition of the tort destroys the “scope of employment” defense.
B. Alternative theory of vicarious liability: “job created power and authority”.
5. Applicability of this new legal theory to similar types of malpractice by psychologists, psychiatrists, teachers, scout masters, counselors, etc.