When is an Employer Not Liable Under the Doctrine of Respondeat Superior?
Typically, employers attempt to reduce the risk of respondeat superior liability by establishing the defense that: • The wrongful act was not within the scope of employment • The wrongful act did not further the purpose of the employer • The wrongful act was committed intentionally, such as attacking another person • The employer had a policy specifically prohibiting employees from the act that caused the accident or incident Is an Employer Liable for the Acts of an Independent Contractor? The general rule is that employers are not liable for the acts of their independent contractors. The key factor in distinguishing an independent contractor from an employee is the amount of control the employer has over the individual. Unlike employees, independent contractors determine their own fees and their own working hours. However, courts may hold an employer liable for the acts of his independent contractor in three different scenarios: • The employer was negligent in hiring the independent c
