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Respondeat Superior: What Does This Mean for Accident Victims?

Respondeat Superior is a doctrine which makes an employer vicariously liable for the wrongdoing of an employee if it was committed within the course and scope of employment. With this, if you were injured in an accident caused by an employee who was “on the job,” you may be able to hold that person’s employer liable for your injuries, allowing you to recover compensation for your injuries, lost wages and medical expenses that were a result of your accident with the employee. In general, if a driver negligently operates a vehicle while working, the employer may be liable if the employer is the owner of the vehicle and is aware and has consented to the operation of the vehicle by the employee, or if regardless of ownership, the vehicle is used in the business of the superior with consent.

An important element of Respondeat Superior is that the driver committed the act “within the course and scope” of employment. Scope of employment is defined as any kind of conduct in which someone is employed to perform. If an employee is using a company vehicle to run personal errands or to shop at the mall and is involved in an accident, the employer is not held responsible. However, if an employee is using a company vehicle to deliver paperwork or machinery to another location for work purposes, the employer may be liable.

If you or someone you know has been injured in an auto accident due to the negligence of an employee and are looking to determine who may be held responsible, contact Ft. Lauderdale injury lawyers Darfoor Law Firm at 1-833-DARFOOR to discuss your rights with an experienced personal injury lawyer.

If you have ever been a victim, or witnessed an accident due to employee negligence, please let us know how it affected your life on our Twitter page.

 

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