Franchisors are frequently targeted in litigation after an individual is injured based on the actions of a franchisee or its employees. And in the ever-expanding universe of matters that may keep franchisors up at night, concerns about their potential vicarious liability for the actions of franchisees or their employees likely tops the list. This concern is heightened when a complaint is filed for wrongful death based on a franchisee or its employee’s actions.

Our article discusses whether a franchisor may be held vicariously liable for the actions of a franchisee or the franchisee’s employee in a wrongful death action and suggests ways a franchisor may be able to avoid such liability.