New Hampshire Jury Instruction - 1.9.1 Miscellaneous Issues Respondent Superior

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-9-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

New Hampshire Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior is a legal concept that holds employers accountable for the actions of their employees. In the context of civil liability cases, it is essential for the jury to understand the principles behind Respondent Superior, as it may play a significant role in determining the outcome of a lawsuit. Respondent Superior, also known as vicarious liability, refers to the legal doctrine that holds employers responsible for the negligent or wrongful acts committed by their employees within the scope of their employment. It is based on the belief that an employer should bear the consequences of the actions carried out by their employees while carrying out their job duties. When a plaintiff files a lawsuit against an employee for personal injury or property damage, they may also seek to hold the employer liable under the doctrine of Respondent Superior. To establish liability under this doctrine, the plaintiff must prove several elements. First, the plaintiff must demonstrate that an employer-employee relationship exists between the defendant and the person who caused the harm. This relationship can be established through various means such as an employment contract, wage payment records, or evidence of control exercised by the employer. Second, the plaintiff needs to show that the employee's actions that caused harm were within the scope of their employment. Conduct is generally considered within the scope of employment if it is performed to further the employer's interests or is typical of the employee's job duties. However, if an employee engages in an intentional, unauthorized act, the employer may not be held liable under Respondent Superior. It is important for the jury to carefully consider the facts and circumstances of the case when applying the doctrine of Respondent Superior. They should evaluate whether the alleged negligent conduct occurred within the course of the employee's employment and whether the employer should reasonably bear the responsibility for the actions of their employee. The jury also needs to consider any relevant exceptions or limitations to Respondent Superior as outlined in the applicable laws and statutes. In summary, New Hampshire Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior instructs the jury to determine whether an employer can be held liable for the actions of their employees under the doctrine of Respondent Superior. It is crucial for the jury to analyze the relationship between the employer and the employee, the nature of the employee's actions, and whether they were within the scope of their employment. Making a well-informed decision based on the evidence presented will help ensure a fair and just resolution to the lawsuit.