Many have heard of the theory of the respondeat superior theory of negligence. This theory results in employers being liable for accidents and injuries caused by its employees and other agents.
Some overestimate its scope while others estimate it. Each case must be analyzed individually to determine if the employer is responsible for injuries caused by the employee.
Basically there are two requirements:
1. There must be an employee relationship. There are exceptions to this depending upon the circumstances but the great majority of the time this must be established first.
2. The employee must have caused the accident and injuries while in the scope of employment. Many times this is obvious, while others it can be pretty difficult to prove. The hard cases come up most often in after hour situations. However, this is not determinative. There are many cases where an employee will still be held to be acting within the scope of employment after hours.
Typically, an employer is not liable for the intentional wrongful acts of an employee. However, here too there are many exceptions.
In short, every case must be reviewed carefully to sort out the employer’s responsibility and liability. Often times, there is none but it is best to make sure.
The Albuquerque personal injury attorneys at Collins & Collins, P.C. can be reached at (505) 242-5958