Legal Definitions - Servant

The term servant is an antiquated legal word that refers to an employee. In contemporary legal language, the term "employee" is used instead. The distinction between an employee (or "servant") and an independent contractor is crucial, primarily revolving around the level of control an employer has over how the work is performed.

An employee typically works under the direct supervision and instruction of an employer, who dictates not only what tasks need to be done but also the methods and means by which they are accomplished. In contrast, an independent contractor generally has more autonomy, being responsible for achieving a specific result but having significant discretion over how to get there.

Under a legal principle known as respondeat superior (a Latin phrase meaning "let the master answer"), an employer can be held legally responsible for the wrongful actions or negligence of their employee. This is referred to as vicarious liability. This responsibility applies when the employee is acting within the scope of their employment duties, even if the employer was not directly aware of or did not approve of the specific negligent act. The law recognizes that since the employer benefits from the employee's work, they must also bear the risks associated with that work.

Here are some examples illustrating this concept:

• Example 1: Retail Store Accident
  A sales associate working for a clothing boutique is rearranging a display of mannequins. While moving one, they accidentally bump into a customer, causing the customer to fall and sustain an injury. Because the sales associate was performing a task directly related to their job duties under the store's direction, the boutique (employer) would likely be held vicariously liable for the customer's injuries, even if the store manager didn't specifically instruct the associate to be careless.

• Example 2: Restaurant Delivery Driver
  A driver employed by a local pizza restaurant is on their way to deliver an order. While making a turn, the driver negligently fails to yield and causes a minor collision with another vehicle. Since the driver was acting within the scope of their employment—delivering food for the restaurant—the pizza restaurant (employer) could be held responsible for the damages and injuries resulting from the accident, even if the restaurant owner was unaware of the specific incident.

• Example 3: Home Repair Service
  An electrician, who is an employee of a plumbing and electrical company, is dispatched to a client's home to fix a faulty wiring issue. Due to a mistake in their work, the electrician causes a small electrical fire that damages part of the client's wall. The plumbing and electrical company (employer) would be vicariously liable for the property damage because the electrician was performing their job duties under the company's control and supervision when the negligence occurred.