Respondeat superior imputes employee negligence to the employer where the conduct occurred within the scope of employment. Scope generally requires that the conduct was of the kind the employee was hired to perform, occurred substantially within authorized time and space, and was motivated at least partly to serve the employer.
Independent contractors are generally outside the doctrine, subject to important exceptions.
Alternative Names:
Let the Master Answer, Vicarious Employer Liability
Why it Matters?
Scope of employment is the operative dispute, particularly for intentional torts, employee deviations from assigned routes, and conduct serving personal purposes. In transportation the doctrine has less practical significance because federal leasing regulations impose liability regardless of employment characterization, but in premises, healthcare, and general commercial contexts it remains the primary route to employer liability.
Frequently Confused with
Related terms
Frequently asked questions
What is scope of employment?
Does the doctrine cover intentional torts?
