Respondeat Superior And Independent Contractors
Description
How to fill out Maryland Complaint Wrongful Discharge, Intentional Infliction Of Emotional Distress, Respondeat Superior, And Negligent Hiring, Retention, Supervision?
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FAQ
Under respondeat superior an employer is liable for the negligent act or omission of any employee acting within the course and scope of his employment (1). This is a purely dependent or vicarious theory of liability, meaning a finding of liability is not based on any improper action by the employer.
Vicarious liability arises from the common law doctrine of ?agency law? and occurs when someone in a superior or controlling role is held responsible for the errors and omissions of their subordinates or agents.
Although an employer may be vicariously liable for an employee's misconduct, an employer is typically not vicariously liable for an independent contractor's misconduct.
Respondeat superior applies to employees, but not to independent contractors.
For example, it does not apply to independent contractors?as long as they are legitimately independent contractors and the employer doesn't just call them that to avoid liability. If an employee stops acting on behalf of an employer while on the job, the doctrine of respondeat superior may also not apply.