Employer Liability: Understanding the Risks and Responsibilities

When employees cause harm due to negligence, recklessness, or malicious behavior, employers are often held liable for the resulting injuries. This is because employers are seen as directing their employees’ behavior and benefiting from their productivity. As such, they share in the responsibility when that behavior causes harm.

(Employers Might Be Liable When Actions Deviate from Instructions and Approved Actions)

The Doctrine of Respondeat Superior

The legal principle of “Respondeat Superior” holds employers vicariously responsible for their employees’ negligent acts or omissions during the course of employment. This means that employers can be liable for damages even if they had no direct involvement in the harmful behavior.

Key Factors in Determining Liability

To determine liability, courts consider whether the employee’s actions were:

1. Authorized: Was the employee acting within the scope of their job duties?
2. Closely associated: Was the employee’s behavior closely tied to their authorized duties?
3. A detour or frolic: Did the employee deviate from their explicit instructions or duties?

Negligent Hiring, Retention, or Harassment

Employers can also be held liable for:

1. Negligent hiring: Failing to properly screen or vet employees
2. Negligent retention: Failing to address employee misconduct or incompetence
3. Harassment: Allowing a hostile work environment or failing to prevent harassment

Benefits of Employer Liability

Holding employers liable for their employees’ behavior:

1. Ensures better outcomes: Encourages employers to prioritize training, equipment quality, and employee vetting
2. Shifts the burden: Places the responsibility on employers, who are better equipped to compensate victims

Seeking Compensation

If you’ve suffered injury as a result of negligent employees in the course of their work, you could be entitled to compensation.  If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.