Legal Definitions - frolic and detour

"Frolic and detour" is a legal concept used to determine whether an employer is responsible for the actions of an employee who deviates from their work duties. It distinguishes between minor deviations (detours) and significant departures (frolics) from the scope of employment.

A detour is a minor, brief deviation from an employee's assigned tasks or route. While the employee is not strictly performing their duties during a detour, their actions are still considered to be within the general scope of their employment. In such cases, the employer typically remains liable for any harm or incidents that occur.

A frolic, on the other hand, is a substantial and significant departure from an employee's work responsibilities, undertaken for the employee's own personal benefit or pleasure. When an employee is on a frolic, they are considered to have temporarily abandoned their employment duties, and the employer is generally not held liable for their actions during that time.

It's important to note that the concept of frolic and detour usually does not apply to an employee's regular commute to and from work, as this time is generally not considered part of their employment duties.

• Example 1: The Delivery Driver

  A package delivery driver is en route to deliver a package to a customer.

  • Detour: The driver realizes they are low on fuel and pulls into a gas station a block off their direct route to fill up the tank. While at the gas station, they accidentally back into another car. In this scenario, the employer would likely be held responsible because getting gas is a minor, necessary deviation that keeps the driver able to perform their job, thus still within the general scope of employment.
  • Frolic: Instead of delivering the package, the driver decides to drive across town to visit a friend for an hour, using the company vehicle. During this visit, they cause an accident. Here, the employer would likely not be held responsible. Visiting a friend for an hour is a significant departure from their work duties, undertaken purely for personal reasons, making it a frolic.
• Example 2: The Catering Team

  A catering company sends a team to set up for an event at a client's venue.

  • Detour: On the way to the venue, one of the catering assistants realizes they forgot a specific type of serving spoon needed for the event. They quickly stop at a nearby kitchen supply store for five minutes to purchase it before continuing to the venue. If an incident occurred during this brief stop, the catering company would likely be liable, as the stop was a minor deviation directly related to fulfilling their work duties.
  • Frolic: After setting up the event, but before their shift officially ends, two catering assistants decide to leave the venue early and go to a concert across town, using the company's van. If they were involved in an accident on the way to the concert, the catering company would likely not be liable. Attending a concert is a major personal undertaking completely unrelated to their employment.
• Example 3: The Repair Technician

  A home appliance repair technician is scheduled for several service calls throughout the day.

  • Detour: Between two appointments, the technician stops at a drive-thru coffee shop for a quick drink. While pulling out of the parking lot, they scratch another car. This would likely be considered a detour, as a brief stop for a drink is a minor personal comfort often tolerated within the scope of a workday, and the employer would likely be liable.
  • Frolic: Instead of proceeding to their next scheduled repair, the technician decides to drive an hour out of their way to pick up a personal item they bought online from a private seller. During this personal errand, they cause a significant accident. This would be a frolic, as the technician has substantially deviated from their work route and duties for a purely personal purpose, and the employer would likely not be liable.