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Fair or not, the legal system is interested in making the victim whole, and assigning liability to the employer rather than the employee has the best chance of meeting that goal.
Job-Related Accidents Employers are vicariously liable under the doctrine of "respondeat superior" for the negligent acts or omissions by their employees in the course of employment. For an act to be considered within the course of employment, it must either be authorized by the employer or be so closely related to an authorized act that an employer should be held responsible.
As of the time I write this (approximately 9pm), we are aware of a gang-related shooting that took place this afternoon on Sedgefield Street in Walltown (several blocks from Trinity Park).
We are assured by Durham Police that this is not related to Duke in any way.
This means that there is a significant difference between an employee that causes a job-related accident and an employee who causes an accident while on the job that is unrelated to his or her employment.
Courts sometime use the terms "detour" or "frolic" to signify the difference.
Second, when someone is injured or harmed and needs to be compensated, who is the most likely to pay: the employee or the employer?We also have a report that passengers in a car yelled at Duke students in houses on Buchanan Street. I neither want to create any sense of hysteria for the Duke and Trinity Park communities nor withhold the existence of this information.We've spoken with several of the students who live in those houses and many have chosen to stay elsewhere tonight.They said the coverage will remain in place for as long as necessary.Shortly before 10 p.m., Duke Vice President for Student Affairs Larry Moneta shared the information in an email message that he sent "with great discomfort," saying "I neither want to create any sense of hysteria for the Duke and Trinity Park communities nor withhold the existence of this information." The text of Moneta's message follows below.