Pennsylvania 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.

Pennsylvania Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior is a legal instruction that addresses various issues related to the doctrine of respondent superior in Pennsylvania. Respondent superior is a legal concept that holds an employer or principal liable for the negligent acts of their employee or agent, committed within the scope of their employment or agency. This specific jury instruction, 1.9.1, focuses on miscellaneous issues concerning the application of respondent superior in Pennsylvania. Here are some relevant keywords and types of issues covered under this instruction: 1. Scope of Employment: This instruction helps the jury determine whether the employee's actions were within the scope of their employment. It explains that the employer is generally liable for the acts or omissions of their employee if the employee was acting within the course and scope of their employment. 2. Detour and Frolic: The instruction may discuss the difference between a detour and a frolic, addressing situations where an employee deviates from their assigned task and engages in activities outside the scope of their employment. The jury needs to assess whether the employee's actions were a minor detour or a substantial deviation. 3. Independent Contractors: The instruction may touch upon the concept of independent contractors and how respondent superior may or may not apply in these cases. It may clarify that the employer typically isn't liable for the actions of an independent contractor, as they maintain control and direction over their work. 4. Negligence of Employee: The instruction might delve into the negligence aspect, explaining that the employer can only be held responsible if the employee's negligence caused harm or injury, and the employer had sufficient control and supervision over the employee's actions. 5. Ratification: In certain circumstances, an employer may be held liable for an employee's actions even if they initially were not within the scope of employment. The instruction could discuss the concept of ratification, where the employer acknowledges and accepts the employee's unauthorized actions and subsequently becomes responsible for their consequences. 6. Non-renewable Duties: This instruction might address non-renewable duties, which refer to obligations that cannot be transferred or delegated to others by the employer. In such cases, the employer remains ultimately responsible for any harm caused, regardless of whether the act was committed by an employee or a third party. These are some key issues and concepts addressed under Pennsylvania Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior. It is essential for the jury to thoroughly understand these instructions to determine the liability of employers or principals in cases involving respondent superior.