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How Respondeat superior can help you claim damages from the employer

Posted on March 23, 2015 12:15 pm under Personal Injury

In a scenario wherein a delivery man rushing to deliver a pizza hit a pedestrian crossing the street because his employer promises a 30-minute delivery of their products, the employer or principal might be held liable for the damages instead of the employee or the agent. The legal concept behind this principle is called Respondeat superior, which literally means ‘let the master answer.’

Respondeat superior as a legal theory can be applied if the employee or agent caused damages while doing activities within the scope of employment. Proving that an employee or agent is acting within the scope of employment would depend entirely on the facts presented. Was the employee’s action related to his assigned duties or job description? Did the incident take place at a place and time where he is expected to perform his duty? Was the purpose of the employee’s action in line with the employer’s intention? If so, the employer controlling the employee’s action might be held liable against the injured.

To learn more about filing a claim after being hurt in an accident caused by someone else’s negligence, speak with an attorney at Habush Habush & Rottier S.C. ® by calling our Madison office at (414) 271-0900 today.