Respondeat superior holds employers responsible for their employees’ actions while on the job. It applies to torts and can result in damages from both the employer and employee. Employers can challenge liability if the employee acted outside their duties, but this may not always be successful. High-risk employers often carry large liability insurance policies and train employees to avoid liability.
Respondeat superior is a legal doctrine which states that employers are responsible for the actions taken by their employees in the course of performing their duties. This Latin phrase is often translated as “let the boss answer,” referring to the idea that the employer can be held accountable for wrongs committed by employees. It is also sometimes referred to as the master-servant rule.
The doctrine of respondeat superior most often arises in the context of torts that people can take to court to seek damages. A plaintiff can sue both an individual employee for wrongful action and the employer under the superior defendant. The plaintiff may be able to obtain damages from both the employer and the employee.
In the event that someone attempts to hold an employer accountable for an action committed by an employee, it must be proven that the employee was actually performing tasks for the job. Employers are not responsible for the actions of their employees when they are off duty, for employees on leave and for situations where an employee does not perform within the scope of job duties. Thus, the employer of a tanker who gets into an accident while delivering fuel is liable, but if a tanker driver crashes a personal vehicle on his way to the track, the employer is not liable.
Hospitals, brokerages and law firms tend to pay special attention to those who respond to the highest quality service. These employers may be exposed to considerable risk from their employees if those employees behave negligently or intentionally inflict harm. Torts involving medical practices, bad investment advice, and legal misconduct can result in substantial rewards when brought to court. As a result, such employers usually carry large liability insurance policies to cover such events, and also train their employees extensively to encourage them to avoid situations that could lead to liability.
Employers can challenge the top respondent concept if they believe there are reasonable grounds for doing so. If an employee acts outside the scope of normal duties or explicitly offers services on an ad-hoc basis without the employer’s permission, the employer may argue that it is not liable for any injuries sustained as a result. Such arguments are not always successful, as a court may rule that an employer should have been aware of a situation and that he is liable due to his own negligence.
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