ARE EMPLOYERS RESPONSIBLE

FOR EMPLOYEES' NEGLIGENCE?

By Arnold & Itkin LLP
Source: https://www.arnolditkin.com/personal-injury-blog/2015/january/are-employers-responsible-for-employees-negligen/
WERE YOU
INJURED WHILE
ON THE JOB?
Imagine a scenario in which you were
injured at work because of a co-
worker's negligence. Perhaps you
were riding in a vehicle with a co-
worker when your co-worker failed to
stop at a red light and you suffered
injuries during the crash.

Accidents like that happen all too

often and, often, the injured worker is
unsure about his or her legal rights.
CAN YOUR EMPLOYER BE HELD LIABLE FOR
THE ACTIONS OF YOUR CO-WORKER?
The short answer is "yes." The relevant legal theory is known as respondeat superior.
In layman's terms, what this means is that if an employee is acting within the scope of the
employer, the employer must assume all risk and liability for the employee's actions.
For example, if an employee injures another employee in a car accident, the employer
will be held responsible so long as the employee who was driving the vehicle was doing
so for a task related to the job. However, if the employee driving the car was doing so
outside of the normal scope of the job, the employer may not be held responsible.
On the following pages are two examples that will help illustrate the difference.
EXAMPLE #1
Two service technicians are traveling in
a company car from one company site
to another company site to perform
general maintenance on the company's
equipment. En route, the driver of the
company vehicle causes an accident
and the passenger is injured.

In this scenario, because the driver and

passenger were acting in the interest of the
employer, the employer can be held liable for
the driver's negligence.
EXAMPLE #2
Two co-workers carpool on their lunch
break. On the way to the diner, the
driver rear-ends another vehicle and
causes a neck injury to the passenger.

Because this accident occurred on their

personal time and the co-workers were not
acting on behalf of their employer, the
employer cannot be held liable for the
passenger's neck injury.
NEGLIGENT HIRING PRACTICES

Employers can always be held liable for the actions of its employees that fall under the
scope of the employer. However, in some instances, an employer can also be held liable
for employee's actions that are beyond the scope of the employer.
If an employee injures another party and it can be shown the employer could /should have foreseen
the incident during its hiring process, the employer may be held liable for negligent hiring practices.
Generally, these types of injuries occur from an employee who has committed a criminal
act. For example, if an employer failed to perform a thorough background check or
overlooked a particular employee's criminal history and that employee assaulted a co-
worker or customer, the employer could be held liable for negligent hiring practices.
GET LEGAL HELP
If you have been injured on-the-job and
you believe those injuries were caused
in part or in whole by the negligence of
a co-worker, contact a qualified
personal injury law firm to learn about
your legal rights. At Arnold & Itkin, our
attorneys can review the facts of you
case and help you determine your best
legal options. We have helped secure
billions in verdicts and settlements.

Contact us today for a free case evaluation.