Tuesday, February 23, 2016

Respondeat superior.

Practice point:  The doctrine of respondeat superior renders an employer vicariously liable for torts committed by an employee acting in furtherance of the employer's business and within the scope of employment. An employee's actions fall within the scope of employment where the employee's purpose is to further the employer's interest, or to carry out duties incumbent upon the employee in furthering the employer's business.  Where an employee's actions are taken for wholly personal reasons, which are not job related,  the employee's conduct is outside the scope of employment.

Student note:  An employer may be liable when the employee acts negligently or intentionally, so long as the tortious conduct is generally foreseeable and a natural incident of the employment.

Case:  Brandford v. Singh, NY Slip Op 00920 (2d Dept. 2016)

Here is the decision.

Tomorrow's issue:  A schoolyard injury, premises liability, and assumption of the risk.