Respondeat Superior Definition

What is respondeat superior?

Respondeat superior is a legal doctrine. It holds an employer legally responsible for an employee’s wrongful conduct while acting within the scope of their employment. Both state and federal laws use this definition of respondeat superior in the criminal and civil context. 

Other Names for Respondeat Superior

Because this concept dates back hundreds of years, it’s also known as the master-servant rule. In other words, the master is held accountable for the actions of the servant.  

Elements of a Claim Based on Respondeat Superior

When a civil or criminal claim against an employer is based on the concept of respondeat superior, the person making a claim must show:

• The employee was at fault for the injury, damage, or violation; and
• The employee was doing work for the employer when the incident occurred. 

If the person making a claim proves both of these elements, the employer can be held liable for the employee’s actions. In a civil case, this means the employer has to pay some or all of the damages. 

Respondeat Superior Benefits

The biggest of respondeat superior’s advantages is that it allows injured parties to go after employers, who generally have deeper pockets than their employees. 

Victims also tend to have better luck recovering judgments from employers than employees. Most employers carry insurance policies that cover accidents and other errors caused by their staff. If a victim makes a successful claim, the insurance company pays to compensate them.

Respondeat Superior Disadvantages

What are respondeat superior’s main drawbacks? From a business owner’s perspective, respondeat superior may seem unfair because it imposes liability on them even though they can’t possibly supervise every moment of an employee’s day. 

The theory of respondeat superior also won’t always work to impose liability on a business that employs independent contractors. However, if a plaintiff’s legal team can show that the employer actually controls the actions of the independent contractor (in other words, show that the person actually is an employee), then the business may be liable. 

Respondeat Superior Examples

A typical example of this doctrine applies is when an employee hits someone or something while driving a company vehicle. If the employee was going from the office to a plumbing job, the plumbing company is probably on the hook for damages. If the employee took a detour to buy a soccer ball for his son’s game later that day, the company likely isn’t liable because the employee was not acting within the scope of his employment. 

Similarly, a hospital could be sued for an error made by a surgeon during an operation. But if the surgeon punched someone in the parking lot as he walked into the hospital, the hospital might be off the hook. 

What can employers do to defend themselves?

Understandably, employers will be wondering what they can do to protect their companies against respondeat superior claims. Thankfully, employers have a few options.

First, employers should update their written employment policies to clarify that employees cannot use company vehicles or equipment for personal use. Additionally, business owners should check that these policies comply with all relevant laws, including health and safety guidelines, traffic laws, and more.

Finally, it’s prudent for employers to have good insurance coverage. A good, thorough policy will sufficiently cover damages that result from employee accidents and other wrongdoing.

Summary

Respondeat superior’s meaning involves holding an employer responsible for injuries or property damage caused by an employee while the employee is working. Employers should keep this concept in mind when updating their company policies and procedures.

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