“Respondeat Superior”

What, you don’t read or speak Latin? Well, let us help.

“Respondeat superior” literally means “Let the master answer.” In the employment context, it might be read more accurately as meaning that “the employer must respond and take responsibility.”

It is a legal doctrine which makes an employer responsible for the actions of an employee, with an important exception: the actions must occur within the course and scope of employment, if the employer is to be held liable.

Now there’s the rub: what does “within the course and scope of employment” mean?

If an employee is running an errand for the company in his own personal vehicle, and is responsible for an accident, is his employer also liable? Generally, “yes”.

What if the employee is just commuting to work, and the same type of accident occurs? The employer is probably not responsible, but it may depend on the specific facts and circumstances.

Compare that with a situation where an employee punches a client. That’s not in the “course and scope of employment,” since you didn’t hire your employee for the purpose of hitting clients, right? Maybe not. What if the punch was motivated by the client’s racially insensitive remark to him, while the employee was on a routine service call?

So, there are good reasons to insist that your own insurance cover such situations. Call your insurance agent now to find out if that’s the case, or if you need additional coverage.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.