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Occasionally, there are personal injury cases where an individual is injured by a defendant-employee who lacks the proper insurance or personal assets to satisfy the potential damages.  Even if you can prove that such a defendant-employee acted negligently and caused your injuries, if the defendant lacks sufficient assets or insurance to pay out your damages, there is a chance that you may be left with an inadequate recovery.

Fortunately, harmed individuals have other options for recovery.  Florida law – much like most other states – provides for employer liability under two different theories: 1) vicarious liability; and 2) negligent supervision/hiring.  By bringing in the employer as a separate defendant, you may be able to access additional financial and insurance resources to recover your damages in full.

Employer liability for the negligent actions of their employees is not simply a mechanism for empowering plaintiffs to recover their damages from defendants with “deeper pockets.”  The threat of employer liability puts additional pressure on employers to properly train and supervise their employees to ensure consistent, safe practices.  Employers that fail to properly hire, train, and supervise employees risk these additional legal costs.

Vicarious Liability

Under the theory of vicarious liability (also known as respondeat superior), employers can be held liable for accidents caused by their employees. 

It is important to note that an employer cannot be held liable for the accidents caused by an employee who is not acting within the course and scope of their employment.  What constitutes the “course and scope” of employment?  This terminology may be a bit confusing, so let’s clarify with a simplified example.

Suppose you are injured in a car accident by a negligent driver.  Further investigation reveals the defendant-driver is a full-time delivery driver employee of a local pizzeria chain.  The defendant was in the middle of delivering a set of pizzas when the accident occurred.

The defendant-driver was clearly acting within the course and scope of employment.  The job entails delivering pizzas via motor vehicle along various routes, and the accident occurred during such conditions.  The driver was on-the-clock and therefore being paid for such services at the time of the accident.

The course and scope of employment does not always require consistency, however.  An employee need not regularly do something for such action to be considered within the scope of their employment.  Consider the following example.

Suppose you are injured in a car accident by a negligent driver.  Further investigation reveals that the defendant-driver is a full-time secretary-employee of a local paper supply business.  Prior to the accident, the secretary was working a standard workday when her boss requested that she stop by a client’s office and update the client on various business concerns.  While the secretary was driving to the client’s office, the accident occurred.

Though the secretary-employee may not normally visit clients’ offices, the request likely caused such visit to be considered within the course and scope of their employment.  Employee actions taken to further a purpose or interest of the employer typically count as actions taken within the course and scope of employment.

Negligent Supervision and Hiring

Employers can also be held liable for harm caused by their employees if the employer negligently hired or negligently supervised an employee.  To be held liable, the employer must have known (or should have known) about the risks presented by an employee, and must have failed to exercise reasonable care in either hiring the employee or supervising the employee after hiring.

For example, imagine that a truck driving company hires a driver whom the company knows has an alcoholism problem, and the driver later causes an accident while intoxicated.  The truck driving company may be held liable for failing to exercise reasonable care by hiring the alcoholic driver.

If you have been injured in an accident due to the fault of another, you may be entitled to recover personal injury damages.  Randall Spivey and his team of skilled Naples personal injury lawyers are prepared to help you fight for just compensation. Contact the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.