What Is Respondeat Superior Liability?
Generally, a person or business is only legally responsible for its own actions. However, employees carry out much modern business for and at the wishes of their employers. When these employees negligently injure someone, the accident victim needs to pursue someone for compensation. But from whom? Courts eventually decided that employers need to pay injured victims compensation for injuries their employees caused. Several reasons support this theory. First, employees are acting to further their employer’s business, so the business benefits from the employee’s actions. If a business can reap the benefits of an employee’s good conduct, the business should also bear the cost of employee mistakes. Second, the employer likely has much deeper pockets than its employees, so holding the business financially responsible is fairer to victims. The employer does not have to do anything wrong to face legal liability. Instead, liability attaches simply because of the employment relationship.Does Respondeat Superior Liability Apply in Your Case?
Just because an employee injured you does not necessarily mean you can hold the employer liable. Instead, the Virginia Supreme Court requires the following conditions:- An employer-employee relationship exists
- At the time you suffered your injuries, the employee was conducting the employer’s business
- The employee acted within the scope of employment
