Respondeat Superior
What Is Respondeat Superior?
Respondeat superior is a legal doctrine which states that employers have liability for actions undertaken by their employees in the course of doing their duties. This Latin phrase is often translated as “let the chief answer,” in a reference to the idea that the employer can be made to answer for wrongs committed by employees. It is also sometimes referred to as the master-servant rule. The plaintiff may be able to win damages from both employer and employee.
Employers are not held responsible for the actions of their employees when they are off duty, for employees who are on leaves of absence, and for positions in which an employee is not functioning within the scope of work duties. Thus, the employer of a tanker driver who gets into an accident while delivering fuel is liable, but if the tanker driver crashes a personal vehicle while on the way to the racetrack, the employer is not liable.
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