Employer Liability for Injuries Caused by Employees

Employer Liability for Injuries Caused by Employees

As a personal injury attorney in San Francisco, CA, I work with individuals who unfortunately have been injured. Most of the time determining who is responsible for your injuries is easy. The person driving the car or truck that struck is generally the responsible party.

However, there are times when the question is "Who is responsible for this?" The answer to the question usually lies in another question, "What was the person who injured me doing me the time?" If the individual injured you was under the control of someone else at the time, the individual or company whose control he was under is the party responsible for your injuries. In California, the liability of one person for the acts of another only exists when a relationship, such as employer/employee, justifies such liability. See Rubio v. Swiridoff (1985) 165 Cal. App. 3d 400.

Vicarious Liability

Only where a person is acting for another to accomplish their goal will the law impose such vicarious liability. See King v. Ladyman (1978) 81 Cal. App. 3d 837. This doctrine is commonly referred to as respondeat superior. In Latin this literally means let the master answer, but is commonly called the master servant doctrine.
This doctrine usually arises in the following situations in California personal injury cases: the relationship between an employer and an employee, the relationship between an employer and an independent contractor, the relationship between a principal and an agent, the relationship between a parent and a child, the relationship between business partners, and commonly between an owner of car or motor vehicle and the individual using the vehicle with the permission of the owner.

No Fault for Employee, No Fault for Employer

If the court finds that the man or woman who injured you in an accident is not at fault, the other party, such as the employer is automatically not responsible. See Mesler v. Bragg Management Co. (1985) 39 Cal. 3d 290. However, it does not always work in reverse. Just because the employer is not responsible does not mean that the employee is not responsible.

If you believe the man or woman who caused you to have a car, motorcycle or bicycle accident, was working for someone at the time, let your attorney know immediately. If you were injured you may claim that the individual who caused the accident was not only responsible but so was his employer. Golden West Broadcasters, Inc. v. Superior Court of Riverside County (1981) 114 Cal. App. 3d 947.

For more information visit Allegiance Law the San Francisco Personal Injury Attorneys.