Puerto Rico 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.

Puerto Rico Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior: In Puerto Rico, the legal concept of Respondent Superior, also known as vicarious liability, plays a significant role in determining the liability of an employer for the actions of their employees. Puerto Rico Jury Instruction — 1.9.1 covers the Miscellaneous Issues concerning Respondent Superior, providing clear guidance and instructions for judges and jurors in such cases. Here is a detailed description of the instruction and its different types: 1. Definition of Respondent Superior: — The instruction begins by defining the concept of Respondent Superior, which holds that an employer may be held responsible for the actions or omissions of its employee, if those actions occurred within the scope of employment. 2. Scope of Employment: — This section delves into the different factors that determine whether an action or omission falls within the scope of employment. It explains that if an employee is acting within the general authority conferred upon them by the employer and while engaged in the furtherance of the employer's business, it is likely within the scope of employment. 3. Acts Committed for Personal Reasons: — This part addresses the exception to Respondent Superior, where an employer may not be held liable for an employee's actions if they were purely for personal reasons and not in the course of employment. It explains that if the actions benefit only the employee and not the employer, it might not fall within the scope of employment. 4. Negligently Performed Duties: — Here, the instruction clarifies that an employer can still be held responsible if the employee's negligent performance of their duties caused harm to someone, as long as those duties were performed within the scope of employment. 5. Intentional Wrongdoings: — This section discusses the challenging scenario where an employee intentionally causes harm. It explains that an employer might still be held liable if the wrongful act was committed in furtherance of the employer's business, even if it was not authorized. 6. Supervision and Control: — This part highlights the importance of supervision and control exercised by the employer over its employees. It indicates that the extent of control and supervision may influence the determination of scope of employment. 7. Independent Contractors: — The instruction concludes by clarifying that Respondent Superior generally does not apply to independent contractors. It emphasizes the distinction between employees and independent contractors and how the employer's liability may differ as a result. These are the key components of Puerto Rico Jury Instruction — 1.9.1 Miscellaneous Issues Respondent Superior. Judges and jurors refer to these instructions to guide them in determining the liability of employers in cases involving the actions of their employees.