What is Respondeat Superior? (Employer Liability)

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If you happen to be injured by an employee who was working at the time, you may be able to sue their employer. The law says that the employer is responsible for the employee's wrong actions when they are working.

I have worked on many respondeat superior cases and have seen firsthand how this legal doctrine can benefit injured victims.

So let me tell you a little more about how respondeat superior works and how it might help you if an employee of a company has harmed you.

Summary of the Key Findings

When respondeat superior is utilized, a plaintiff generally looks to hold both the employer and the employee liable.
For the respondeat superior to apply, the employee’s act must have been within the scope of employment when they committed the tortious act.
In some cases, the plaintiff may also be able to recover attorney's fees and costs.

Why This Matters

Imagine your delivery driver runs a red light and causes a serious accident while on the job. Who is responsible—the driver or your company?

This legal question is crucial for business owners, employees, and victims alike. The doctrine of respondeat superior determines whether an employer can be held liable for an employee’s actions.

Understanding this principle can protect businesses from financial ruin and help injured parties recover compensation.

What is Respondeat Superior?

Respondeat superior, also known as the "doctrine of vicarious liability," is a legal principle that holds employers responsible for their employees' wrongful acts committed within the

scope of employment. Derived from Latin, it translates to "let the master answer."

Under this doctrine, if an employee causes harm while performing job-related duties, the employer can be held legally accountable [1].

This principle applies across various industries, particularly in transportation, healthcare, and corporate settings where employees regularly interact with third parties.

Examples of Respondeat Superior

The most common examples of respondeat superior that I have come across over the years are found in the context of auto accidents. Suppose an employee is driving a company car for work-related purposes and gets into an accident.

However, keep in mind that independent contractors are not employees under the respondeat superior doctrine.

So, if an independent contractor is injured while working on a project for your company, the employer's business would not be held liable for the independent contractor under this legal principle.

Characteristics of Respondeat Superior

The respondeat superior claim must meet the following five characteristics:

1. There Must Be an Employer-Employee Relationship

The employment relationship is the first and most important element of respondeat superior. Respondeat superior applies when there is an employer-employee relationship between the wrongdoer and the employer's business.

2. The Employee Must Be Acting Within the Scope of Employment

The second element required for the respondeat superior to apply is that the employee must have been performing assigned duties within their job description and overtime of his or her employment when they committed the tortious act.

As a general rule, if the employee involved was not on the clock, they are not subject to legal liability.

3. The Employee Must Be Acting With the Intent to Benefit Their Employer

The third element of respondeat superior is that the employee must have been acting with the intent to benefit their employer when they committed the tortious act.

4. The Tort Must Have Been Reasonably Foreseeable

The fourth element of respondeat superior is that the tort must have been reasonably foreseeable. This means that it must have been reasonably foreseeable that the employee's wrongful acts could lead to the type of injuries caused by that accident.

5. The Employer Must Be Negligent in Hiring or Supervising the Employee

The fifth and final element of respondeat superior is that the employer must be negligent in hiring or supervising the employee.

When Does Respondeat Superior Apply?

For a claim under respondeat superior to succeed, the following conditions must be met:

Employer-Employee Relationship – The wrongdoer must be classified as an employee, not an independent contractor.
Acting Within Scope of Employment – The employee must have been performing duties assigned by the employer when the incident occurred.
Intent to Benefit the Employer – The wrongful act should be related to business activities that further the employer’s interests.
Foreseeability of the Tortious Act – The harm caused must be a predictable consequence of the employee’s work responsibilities.
Employer Negligence in Hiring or Supervision – If the employer failed to conduct proper background checks or failed to supervise adequately, liability is more likely to apply.

How Can Respondeat Superior Apply?

Respondeat superior can apply in a legal case in two ways, direct liability and vicarious liability claims.

Direct Liability Claim: The most common way is for the plaintiff to sue the employer directly.
Vicarious Liability Claim: Another way that the respondeat superior can apply is for the plaintiff to sue the employee directly because they are held vicariously liable.

When Is an Employer Liable?

There are a few different situations when an employer is liable under respondeat superior liability for the actions of their employees.

When the employee is acting within the scope of their employment.
If the employer was guilty of negligent hiring or supervising the employee.
If the tortious act was reasonably foreseeable due to the employee’s negligence.

An employee is an employer's agent to the extent that he or she has the apparent authority to act on behalf of the company and is partly entrusted with its affairs. The employer controls and has a right to regulate when and where employees work and how the employee acts.

When is an Employer Not Liable?

There are situations where respondeat superior does not apply, including:

When an employee acts outside their job duties (e.g., committing assault unrelated to work responsibilities).
When an employee is commuting to and from work.
If the worker is classified as an independent contractor rather than an employee.
When the employer explicitly prohibits certain actions that the employee engages in.

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How Can Businesses Protect Themselves?

Employers can take proactive steps to limit liability under respondeat superior:

Implement Clear Employee Guidelines: Ensure workers understand company policies and acceptable behavior.
Conduct Thorough Hiring Screenings: Background checks and reference verifications help prevent hiring high-risk individuals.
Train Employees on Legal Responsibilities: Regular compliance training minimizes risk.
Secure Adequate Insurance Coverage: Business liability insurance can cover claims arising from employee actions.
Supervise and Monitor Employees: Implement oversight mechanisms to ensure adherence to company policies.

See all related personal injury and accident lawsuits our lawyers have taken on.

The Deep Pocket Approach: Why Plaintiffs Target Employers

Courts often apply the deep pocket theory, which allows injured parties to seek compensation from the employer rather than the employee.

Businesses typically carry larger insurance policies, making it more financially viable for plaintiffs to pursue legal action against corporations instead of individual workers.

"Personal injury claimants often target corporations over individuals because businesses have greater insurance coverage." – David Goguen, Member of the State Bar of California

Recoverable Damages in Respondeat Superior Cases

If an employer is found liable for an employee’s actions, the injured party may recover the following damages:

Compensatory Damages: Reimbursement for medical bills, lost wages, and pain and suffering.
Punitive Damages: Imposed when an employer demonstrates extreme negligence.
Attorney’s Fees and Legal Costs: In some cases, courts may require the employer to cover the plaintiff’s legal expenses.

For instance, in a trucking accident where a commercial driver caused a multi-car collision, victims may recover both compensatory and punitive damages from the trucking company.

FAQs

What is the doctrine of respondeat superior, and what is it based on?

The doctrine of respondeat superior is a legal doctrine used in cases where the employee was acting within the scope of their employment. It is based on the legal principle that an employer can be held liable for the actions of their employees.

Can an employer be held liable for the actions of their employees if they did not directly cause harm?

Yes, an employer can be held liable for the actions of their employees even if they did not directly cause harm.

Can an employer be held liable under respondeat superior for criminal acts of an employee?

An employer can be held liable for an employee's criminal acts under respondeat superior if the acts were performed within the scope of employment and were intended to benefit the employer. However, this is less common and depends on the specific circumstances of the case.

Do You Think You Have A Respondeat Superior Case?

Respondeat superior is a common law doctrine that holds employers responsible for the actions of their employees. This means that if an employee commits a tortious act while acting within the scope of their employment, the employer can be held liable for any damages that result.

If you believe that you have been the victim of a tortious act, you may be able to recover damages from the employer through a personal injury case. Contact Schmidt & Clark, LLP and speak to an experienced personal injury attorney in a free consultation session to learn more about your legal rights and options.

Reference:

https://www.law.cornell.edu/wex/respondeat_superior

What is Respondeat Superior? Characteristics & Recoverable Damages