In Engler v. Gulf Interstate Engineering, Inc., the Arizona Supreme Court adopted the Restatement (Third) of Agency as the test for whether an employer is vicariously liable for the torts of its employee. This Case Note examines the development of Arizona vicarious liability law, and discusses the inconsistencies in how Arizona courts incorporated “control” in their vicarious liability analysis. With Engler, the Court’s adoption of the Restatement (Third) resolves these inconsistencies by adopting control as the primary test for whether an employer is vicariously liable. This clarifies Arizona law while still honoring the policy justifications that underlie vicarious liability.
Founded in 1959, the Arizona Law Review is a general-interest academic legal journal. The Review is edited and published quarterly by students of the University of Arizona James E. Rogers College of Law.