Employer liability for acts of employee

An employer may be held liable for its employee’s acts under the doctrine of “respondeat superior”, provided that the tortuous act was committed by the employee within the scope of their employment. Under the doctrine of respondeat superior, the fault of the employee is imputed upon the employer as if the employer personally committed the act.

Business & Professions Code § 7582.15

“A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her manager.”

In such cases, the burden lies on the plaintiff to prove that the employee acted within the course and scope of their employment. It will be judged whether the act of the employee was required by the employer or incidental to his duties; or whether the employee’s conduct was reasonably foreseeable by the employer, even if it is neither required nor incidental. Once proven that either of the mentioned standards were met, then the plaintiff may be able to claim damages from the employer for personal injuries caused by the employee.

Such cases may be complex and would be properly and competently handled by an experienced Personal Injury Attorney, so it is best to work with one before proceeding with such case.

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