Is an Employer Liable For Employee Negligence?

San Antonio Slip and Fall Lawyers

Every person is always personally responsible for his or her own bad acts. So if you are injured as a result of employee negligence, you can proceed with a lawsuit against that employee. However, you may be curious about how you can hold the employee’s company responsible for employee negligence. 

Employer Liability

You can hold an employer liable under a legal theory call respondeat superior. Respondeat superior is a Latin term that means “let the superior answer”, or in other words, a superior, such as an employer, is responsible for any acts of omission or commission by a person, such as an employee, in the course of his or her job, carrying out company business, or on the behalf of the employer.

To prove respondeat superior, and hold an employer liable for employee negligence, you must prove each of the following:

  1. The individual was an employee when the injury occurred;
  2. The employee was acting within the scope of his or her employment; and
  3. The activities of the employee were a benefit to the employer.

Acts within the scope of the individual’s employment mean acts in the ordinary course of business. Acts in the ordinary course of business are acts that are necessary and normal for the employee to complete his or her day-to-day tasks. 

Acts that benefit the employer are acts that the employee takes as part of his or her job, for company business, or on behalf of the employer. Acts taken by the employee not on behalf of the employer or independent acts by the employee that result in injury to a third party, as well as personally motivated acts by the employee that lead to a third party’s injury, will not result in employer liability.

Common Ways an Employer Can be Liable Employee Negligence

Employers can be held liable for a variety employee negligence that cause injury to a third party during the ordinary course of business. But the most common employee negligence acts that the employer is held liable for include:

Negligent Hiring

An employer can be held liable for negligently hiring an employee who causes injury to another person. Negligent hiring can occur when an employer hires an employee he or she knows or reasonably should know has a propensity to act in a manner that would cause injury to another person. 

An employer can be liable for negligent hiring if the injured victim can show:

  • The person who caused the injury was an employee of the company
  • The employer knew or should have known of the employee’s propensity to cause injury
  • The employer did not exercise reasonable care in hiring the employee

An employer can fail to exercise reasonable care in hiring an employee by:

  • Failure to conduct a proper background check
  • Failure to check personal references
  • Failure to confirm employment history
  • Failure to perform drug screenings
  • Failure to check driving record
  • Failure to confirm reasons for prior employment termination

Contact Stolmeier Law, San Antonio Slip and Fall Lawyers

We are San Antonio Slip and Fall lawyers. Stolmeier Law is an experienced personal injury law firm. We have served personal injury victims in San Antonio and South Texas for over 35 years. We know what it takes to get you the most compensation possible for your injuries. So if you or a loved one has suffered serious injuries from a personal injury, contact Stolmeier Law, San Antonio Slip and Fall lawyers. Slip, Trip, or Fall? Call Stolmeier Law.