When a person is injured in an accident with a vehicle owned by a corporation, it is rarely the corporation’s CEO that was at the wheel. In that scenario, the minimum wage earning employee that caused the accident is unlikely to have the funds to compensate the injured person. So how does a person hold the company financially responsible for the injuries caused by that employee? Legally, the concept of the transfer of liability from the company to its employees is called vicarious liability. In a nutshell, that means that an organization is liable for the actions of those who act on its behalf.
If you were injured in an accident, contact an experienced Mississippi personal injury lawyer immediately. Being compensated for your injuries is a complex process and is not one you should go through alone. Hiring an attorney who “dabbles” in personal injury work will likely result in you getting a reduced settlement if you get one at all.
Respondeat Superior
The legal theory of respondeat superior means that an employer company is legally responsible for its employees’ actions while they are working on the company’s behalf. A case can be based on respondeat superior when the employee was negligent in the performance of his or her duties. For example, if an employee drinks and then drives a company vehicle to run an errand, causing an accident, the victim of that accident would have a strong argument that that employee acted unreasonably and caused them harm. Because that unreasonable act occurred within the context of employment, the employer would also be responsible for any of the employee’s harm. The same argument would likely not be successful against the company if the employee drank and then jumped in their own car to drive home from work, as that scenario did not occur within the employment context. The context in which the harm occurs, proving negligence, and proving the employee/employer relationship are separate legal challenges in every respondeat superior negligence case. Experienced personal injury counsel will likely work with you to establish that each requirement is met before bringing a claim.
Negligent Hire
The above example concerned accidents, or negligent behavior, committed by an employee while on the job. Another aspect of vicarious liability is “negligent hire.” A negligent hire claim arises when an employee intentionally injurers a coworker or a third party intentionally. In these cases, the behavior was not at the direction of the employer, as a making a delivery in a truck might be, and was clearly outside the employee’s duties. However, the employer may still be liable if they were negligent in hiring the employee, meaning that they knew or should have known that they posed a danger to other employees or the public.
A negligent hire claim often arises in the context of sexual abuse. If an employer fails to adequately background check an employee with a criminal record of sexual abuse, and then that employee proceeds to sexually abuse a third party, a claim of negligent hire often arises. Similarly, if an employer hires an employee with a documented history of violence and then that employee violently injures a third party, a similar claim of negligent hire will arise.
Claims for negligent retention can also be brought by injured third parties when a company became aware of an employee’s tendency to be violent or to harm others and did not fire them upon becoming aware.
What Should You Do if You Are Injured by a Company’s Employee?
If you are injured by an employee of a company, you may be owed compensation under a theory of vicarious responsibility. But receiving the compensation you deserve will require consultation with an experienced personal injury attorney.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured.
Contact us now at (800) 707-9577, to get experienced counsel on your side.
