Respondeat Superior

Respondeat Superior

What is Respondeat Superior?

Respondeat Superior is a rule of law that is used to define the legal liability of an employer for the actions of an employee. If an employee caused any type of injury while working within the scope of his employment, the employer can be held liable for the injuries. This rule of law provides a better chance for an injured party to receive compensation for their injuries.

How to prove that an employer is liable for the actions of his employee:

  • The employee was actually working for the employer when the injury occurred.
  • The employee was doing a normal work-related task when the injury occurred.
  • The employer benefited in some way from the work the employer was doing.
  • The following terms are used to explain the relationship between an employee and his employer:

    Agency: A fiduciary relationship created by express or implied contract, or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind the other party by words or actions.

    Principal: One who authorizes another to act on his or her behalf as an agent.

    Agent: One who is authorized to act for or in place of another; a representative.