Legal Definitions - Respondeat Superior

Respondeat Superior is a legal doctrine that holds an employer or principal responsible for the wrongful actions of their employee or agent, provided those actions occurred within the scope of their employment or agency. The Latin phrase translates to "let the master answer," meaning that an employer can be held legally accountable for the acts of their employees when those employees are performing their job duties, even if the employer did not directly authorize or know about the specific wrongful act. This doctrine applies to employees, but generally not to independent contractors.

Here are a few examples illustrating how Respondeat Superior might apply:

• Negligence by a delivery driver: A delivery driver for "Speedy Eats" food delivery service, while rushing to complete an order during their shift, negligently runs a stop sign and causes a minor collision, damaging another car.

  In this situation, "Speedy Eats" could be held liable under Respondeat Superior. The driver is an employee, and the accident occurred while they were performing their job duties—delivering food—which falls within the scope of their employment. Even though the company didn't instruct the driver to run the stop sign, they are responsible for the driver's actions while on the job.

• Misconduct by a retail employee: During a busy sale event, a sales associate at "Fashion Forward" clothing store becomes frustrated with a customer's persistent questions and makes a derogatory comment about the customer's appearance, causing the customer emotional distress and public humiliation.

  Here, "Fashion Forward" might be held responsible through Respondeat Superior. The sales associate is an employee, and interacting with customers, even poorly, is part of their job function. Although the store certainly wouldn't condone such behavior, the act occurred while the employee was working and dealing with a customer, placing it within the general scope of their employment.

• Property damage by a service technician: An HVAC technician, employed by "Comfort Climate Solutions," is installing a new air conditioning unit at a client's home. Due to carelessness, the technician drops a heavy tool, cracking several expensive tiles on the client's kitchen floor.

  Under Respondeat Superior, "Comfort Climate Solutions" could be liable for the damage. The technician is an employee, and installing HVAC units is their primary job duty. The damage to the tiles occurred directly as a result of an action taken while performing that duty, making the company responsible for the technician's negligence within the scope of employment.