Legal Definitions - detour

In legal terms, a detour refers to a situation where an employee, while generally performing their job duties, makes a minor and temporary deviation from their employer's business for a personal reason.

The key characteristic of a detour is that the employee's primary purpose remains work-related, and the personal deviation is brief and does not significantly abandon the employer's business. Because a detour is considered to fall within the overall scope of employment, the employer can still be held legally responsible (known as "vicariously liable") for the employee's actions during this minor deviation.

Here are some examples to illustrate this concept:

• Example 1: The Delivery Driver's Coffee Stop

  Imagine a package delivery driver who is on their assigned route, making deliveries for their company. While driving between two scheduled stops, they quickly pull into a drive-thru coffee shop to grab a personal beverage before immediately continuing to their next delivery location. This brief stop for coffee is a minor personal deviation.

  How it illustrates "detour": The driver's main objective is still to complete their delivery route. The coffee stop is a small, incidental interruption for personal convenience, not a complete abandonment of their work duties. If an accident were to occur during this very short stop, the employer would likely be held vicariously liable because the driver was still considered to be primarily engaged in their work, even with the slight personal detour.

• Example 2: The Salesperson's Quick Errand

  Consider a pharmaceutical sales representative who is driving a company car from one client meeting to another across town. On the way, they remember they need to drop off a small package at a nearby post office. They make a quick five-minute stop at the post office's drive-up drop box before resuming their journey to the next client.

  How it illustrates "detour": The salesperson's primary purpose is to travel between business appointments. The brief stop at the post office for a personal errand is a minor deviation that does not substantially alter their business journey or purpose. If an incident occurred during this short stop, the employer would likely be held vicariously liable because the salesperson was still largely engaged in their work duties, and the personal stop was incidental to their overall business travel.

• Example 3: The Technician's Lunch Pick-up

  A field service technician, driving a company vehicle to a customer's home for a repair, realizes they haven't eaten lunch. They make a quick stop at a fast-food restaurant that is only a block off their direct route, pick up a meal, and immediately get back on the road to the customer's location. The entire stop takes less than ten minutes.

  How it illustrates "detour": The technician's main objective is to reach the customer for the repair. The brief stop for lunch, being only slightly off-route and of short duration, is a minor personal deviation. Should an accident occur during this quick stop, the employer would likely be held vicariously liable because the technician was still primarily on company time and performing work-related travel, with only a minimal, incidental personal interruption.