to fill out a simple form to connect to Personal Injury Lawyers in your area.

If you have a flair for writing, you may also post an article by clicking on Post Article. We will review your article and publish it if we find the contents relevant to this website. The article should be penned by you. It should not have been copied from any other site.

Employer's Liability for Employee's Act Outside the Scope of Employment

Posted on:7/16/2012
A professional's negligent act, in the absence of special circumstances making such an act foreseeable, may be of a character that is considered presumptively outside of the professional's scope of employment.


A professional's negligent act, in the absence of special circumstances making such an act foreseeable, may be of a character that is considered presumptively outside of the professional's scope of employment. If it is a criminal, intentional act that presumably serves the abuser's purposes rather than the employer's, the scope-of-employment requirement may negate the imposition of vicarious liability. The question of whether the employee's act was within the scope of his employment, however, may be a question of fact for the jury's consideration under appropriate circumstances.

 

In a limited class of cases, a master may incur liability for acts the servant commits outside the scope of the servant's employment. Where the master has undertaken a duty to protect the plaintiff from harm and in attempting to fulfill this duty employs a servant who nonetheless harms the plaintiff, the master will not be insulated from liability merely because the servant acted outside the scope of his employment.

 

Under this theory of liability, the master is said to owe a "non-delegable" duty to the plaintiff and incurs liability commensurate with the scope of the duty undertaken. The non-delegable duty theory is, in essence, a hybrid theory, since it combines elements of vicarious liability with an element of the master's own negligence. The master, that is, owes a duty of care to the plaintiff, but it is through the servant's act, rather than the master's, that this duty is breached.


  
Personal Injury Lawyers   Show All articles

  to fill out a simple form to connect to Personal Injury Lawyers in your area.

Personal Injury Lawyers Brain Injuries Spinal Cord Injuries
Quadriplegia and Paraplegia Back Injuries Ruptured & Herniated Disks
Bulging Disk Neck Injuries Dog Bites
Toxic Mold Product Liability Fire Accidents
Trucking Accidents Boating Accidents Car Accidents
Plane Crashes Medical Malpractice Motorcycle Accidents
Wrongful Death Personal Injury Lawsuits Testimonial
 RSS Feeds  |  Articles  |  Jobs  |  Leads
SiteMap | Attorney Registration | PI Case Laws
| Personal Injury Lawyers Directory | Success Stories | Press Releases
Copyright © 2005. “National Association of Personal Injury Lawyers (NAPIL)”. All rights reserved.
By using the system, you agree to TERMS OF SERVICE

...