Vicarious liability is the doctrine that an employer, under the theory of respondeat superior (or in other words, the master answers for the servant), bears the financial responsibility for the actions of employees acting within the scope of their employment. This is because the employer has the right and the duty to control the employee’s actions while acting on the employer’s behalf. Our Texas personal injury attorneys note that acts beyond the scope of employment, like serious criminal acts, do NOT fall under this doctrine.
But where a truck driver runs into your car and causes property damage, injury, or perhaps even death, the doctrine of vicarious liability does apply. Or where a nurse’s or doctor’s negligence causes further harm to a patient. It might also apply where a careless car wash attendant sets a car into “drive” rather than into “neutral” before sending it through the car wash. And then that car continues to drive through the wash corridor and beyond to run over and kill an innocent victim.
Our Texas personal injury attorneys point out that the Fifth Circuit defined vicarious liability for purposes of Texas law in Marshall v. Allstate Texas Lloyds Ins. Co., No. 03-20989, Sept. 21, 2005. The Fifth Circuit in reviewing the case said that in order for an employer to be vicariously (or financially) liable for the negligent acts of an employee, the action of the employee must be (1) within the general authority given him, (2) in furtherance of the employer’s business, and (3) for the accomplishment of the object for which the employee was employed.
So even if the employee makes a mistake or forgets a key element (like putting a car into neutral before setting it on the conveyor at a car wash), the employer may be vicariously liable and likely be required to pay financial damages for the employee’s act so long as that action wasn’t willful criminal misconduct.
So if you or your family members suffer because of a negligent employee, you can look to the employer to make good on the heavy costs of your unnecessary costs and losses from the accident. This might be particularly helpful in some cases. For instance, the average car wash attendant probably won’t have the assets to cover your losses. But the employer might. Similarly, a truck driver may live day-to-day and not have any financial assets to pay the costs of a serious truck accident injury, but the company that employs him or owns the truck just might.
Contact the Texas Personal Injury Attorneys at Denena Points, PC when you have Difficult Questions Regarding Your Accident Injury and Who will Pay
When you’ve been injured or lost a family member to an employee’s negligence, you should discuss your case with one of the Board Certified Texas personal injury attorneys at Denena Points, PC. We could help you determine who’s financially liable and how much they owe you for your accident injuries and losses.
We know the law. We’ve been successfully representing needlessly injured clients in complex Texas personal injury cases of all sorts for more than 15 years.
Call us direct at 281-369-4363 or fill out our convenient online contact form to schedule your FREE, no obligation legal consultation. Let our Texas personal injury attorneys answer your questions and use our skill and experience to strategize a successful outcome to your case. With a track record of more than 15 years of favorable case outcomes, we have the financial resources to take all the financial risks of your case. So we don’t charge you any attorney’s fees unless we win your case for you. Call or contact us online today.