"Respondeat superior", Latin for "let the master answer", is a legal doctrine which states that an employer is responsible for employee actions performed within the course of the employment. Jump to: navigation, search Latin is an Indo-European language originally spoken in the region around Rome called Latium. ... Legal Doctrine is a framework, set of rules, or procedural steps, often established through precedence in the common law, through which judgments can be determined in a given legal case. ... Employment is a contract between two parties, one being the employer and the other being the employee. ...
When applied to physical torts an employer/employee relationship must be established and the act must be committed within the scope of employment (i.e. substantially within time and geographical limits, job description and at least with partial intent to further employer's business). In the common law, a tort is a civil wrong for which the law provides a remedy. ...
Historically, this doctrine was applied in master/servant or employer/employee relationships. If the employee or servant committed a civil wrong against a third party, the master or employer could be liable for the acts of their servant or employee when those acts were committed within the scope of the relationship. The third party could proceed against both the servant/employee and master/employer. The action against the servant/employee would be based upon the direct responsibility of the servant/employee for his conduct. The action against the master/employer is based upon the theory of vicarious liability, by which one party can be held liable for the acts of another. Civil law has at least three meanings. ... Jump to: navigation, search Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted...
One of the hazards of having employees use vehicles to perform work for you is possible respondeatsuperior liability.
Respondeatsuperior is a Latin term that lawyers sometimes use.
In many respondeatsuperior cases, this may be your most viable option because accidents do happen while employees are performing duties within the scope of their jobs.
Respondeatsuperior: The theory employers should be liable for damages resulting from the misdeeds of employees.
Both respondeatsuperior and the FTCA are limited by the notoriously vague standard of actions occurring "within the scope of the employee's duties," thus leaving courts with great latitude in deciding whether actions like driving between work-related functions are recoverable.
Respondeatsuperior originated with the argument that when an employer asks an employee to perform a risky activity, the employer should pay the costs if any third party injuries result.
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