LAW 512-001 – Torts II
Respondeat superior is when an employer, master, or principal is liable for its employee, servant, or agent.
Under the doctrine of respondeat superior, an employer is ordinarily liable for the injuries its employees cause others in the scope of their employment. Respondeat superior imposes liability whether or not the employer was itself negligent, and whether or not the employer had control of the employee.
- Only when it is reasonably connected with the employment and so within its scope of employment.
Employers are not vicariously responsible for the tortious acts of independent contractors.
A person is a contractor if he has the right to control the physical details of the work.
- Where there is a non-delegable duty, the person upon whom the duty is imposed is responsible for an independent contractor's actions in negligently performing that duty.
- When the contractor is negligent in performing an abnormally dangerous activity, the person who hired him is vicariously liable.
- One who contracts for an illegal activity is vicariously liable for any damage done by such an independent contractor.