Respondeat Superior For Independent Contractor
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
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.
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.
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.
Respondeat superior applies to employees, but not to independent contractors.
Under tort law, employers who hire independent contractors usually have no vicarious liabilities to independent contractors' tortious acts. While the duties of certain conducts are non-delegable, employers will remain vicariously liable.