Sentences with phrase «respondeat superior is»

A Latin phrase meaning «let the superior answer,» respondeat superior is the legal doctrine which holds an employer, officer, manager, supervisor or other «superior» individual or group to an employee or subordinate legally liable for the acts of the employee or subordinate.

When respondeat superior is applied to a case, an employer may be responsible if their employee was acting within the scope of their employment when the tort occurred.

Quite simply, the court drew a bright - line rule, stating that when an employer makes such an admission, only claims under respondeat superior are appropriate.

Not exact matches

These Articles applied and interpreted in sync, coupled with legal doctrines or principles of «ex facie curiae», «actus reus», «mens rea», «respondeat superior» and «nemo judex in sua causa», all of which were breached and disregarded respectively by the SC, my conclusion is that the SC acted unconstitutionally in the Montie case.

Additionally, if the employee was found to be at - fault, the company could be vicariously liable to pay damages to the injured victims under a legal doctrine known as respondeat superior.

Under what is called «vicarious liability» or «respondeat superior,» if the driver is the employee of a business and the accident takes place while the trucker is on his or her job, the business itself could be held responsible.

The first, respondeat superior, allows for a plaintiff to hold an employer responsible for the negligent acts of an employee when the employee is acting within the scope of her employment at the time of the accident.

Employers can typically be held jointly and severally liable for the negligent acts of their employees, committed during the course and scope of employment, under the doctrine of «respondeat superior» (a Latin term meaning «a superior must answer»).

It is important to note that respondeat superior only applies if the trucker was in the course and scope of his employment at the time of the collision.

This is known as vicarious liability, or as the doctrine of respondeat superior.

Finally, Henning wonders whether there are any rules that apply in the context of respondeat superior with regard to private organizations might also apply to the Executive Office and allow for prosecution up the chain of command.

While it did not find Pizza Hut negligent in hiring Fisk — who had only been licensed to drive for three months at the time of the crash — it held the company liable under trusty old respondeat superior.

Another approach is to pursue a claim based on an agency theory (like vicarious liability or respondeat superior).

When a hospital employee's malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of respondeat superior.

A nursing home can be liable under the doctrine of respondeat superior for any wrongful act or omission of its employees committed within the scope of the employee's duties.

«Respondeat superior» is a vicarious liability theory that makes an employer liable for certain torts of their employees.

Under one type of vicarious liability, known as respondeat superior, an employer may be held liable for the negligent acts of its employee if the employee's actions fall within the course and scope of the employee's employment.

In a case where a hospital employee commits malpractice, the hospital itself may be held liable under the legal doctrine of «respondeat superior.»

It can be difficult to determine whether respondeat superior applies because often in trucking situations the employer will hire the driver as an «independent contractor» to avoid liability.

Furthermore, even if the tortfeasor was not a legal employee of the company which owned the truck or the cargo, the respondeat superior rule normally applies.

If the negligent physician, nurse, technician or other provider is an independent contractor working at the hospital but not an employee of the facility, then the doctrine of respondeat superior will not apply.

If you or a loved one has been injured by the negligent or seemingly intentional acts of an employee while they are on the job, respondeat superior may allow you to sue the employer and the employee at the same time.

Many court cases on this subject have held that the respondeat superior doctrine can not be used against logistics companies because they generally engage in independent contractor relationships with common carriers and are therefore exempt from liability.

When a commercial truck accident occurs, if an employment relationship is established between the truck driver and a trucking or shipping company, then that company can be held liable for the driver's negligence under a legal theory known as «respondeat superior.»

The legal doctrine is called respondeat superior, which is Latin for, «Let the master answer.»

It will be up to these defendants to point the finger at each other, arguing defenses like «indemnity provision,» «no control,» and «respondeat superior.»

The franchise filed a motion for partial summary judgment, arguing that since it had already conceded the driver was acting in the course and scope of employment, the chain could only be held vicariously liable under the doctrine of respondeat superior.

In addition to alleging vicarious liability on the basis of respondeat superior, plaintiff is also alleging premises liability.

In some cases, the legal doctrine of respondeat superior allows an accident victim to recover from a driver's employer, if the driver was performing job duties at the time of the accident.

While in most cases the hospital and / or doctor will be sued under an agency or respondeat superior theory for the negligent acts of a nurse, in some cases, the nurse will be named separately in the suit.

The pizza franchise in this case argued the Tindall case is well settled, and absent any special circumstance, claims of respondeat superior and negligent hiring are duplicative.

Ultimately, the court concluded that since the employer admitted that the employee was acting within the scope of her employment at the time of the accident, the employer only can be held liable under the theory of respondeat superior.

Our Baltimore personal injury lawyers break down the real meaning of such legal terms as contributory negligence, res ipsa loquitur, respondeat superior and scores of other tort law jargon in easy - to - understand language.

In other cases, plaintiffs have successfully argued that HMOs and other institutional defendants are vicariously liable for the actions of physicians under theories of respondeat superior and apparent authority.

A municipality, however, may not be found liable under § 1983 «based on a theory of respondeat superior or simply for employing a tortfeasor.»

The bank can not claim «It's not our fault, an employee did it» (the Latin for this is «respondeat superior», whereby a part is also responsible for the acts of their agents).

The physician is potentially liable under the legal doctrine of respondeat superior, and can also be liable under the theory of negligent delegation.

The court stated that in order for the Brokerage to be liable under a theory of respondeat superior, the jury would need to find that the Salesperson was acting within the scope of her duties for the Brokerage.