When is an Employer Liable for an Employee's Conduct?

 Posted on January 14,2015 in Personal Injury

Have you been in a car accident caused by someone driving in a vehicle provided by his or her employer? Were you injured in the accident? If so, you may have a claim against the employer. In Illinois, an employer may be liable at law for the actions of their employees, which includes car accidents. For instance, when an accident is caused by someone who is driving an employer-provided vehicle, the employer may be liable under respondeat superior.

Respondeat Superior

Respondeat superior is a legal doctrine that holds an employer responsible for the wrongful acts of an employee. An employee is a worker over whom the employer has a certain amount of control. If an employee/employer relationship exists, the employer may be liable for the actions of the employee.

Liability arises when an employee acts within the scope of the job duties outlined by his or her employer. In essence, if an employee acted within the scope of his or her employment, the employer may be liable for injuries sustained by others due to the employee's actions. Illinois courts have interpreted "within the scope of employment" in many different ways. Thus, it is important to work with an attorney in the event of an accident.

Illinois Employers Liable For Unauthorized Acts of an Employee

In addition, under Illinois law, an employer may be liable for unauthorized acts of an employee. This type of liability arises if an employer knew the employee was unfit for the position, yet the employer hired the employee anyway. For example, if an employee was hired to drive for a company, but that employee had eight citations for driving under the influence ("DUI"), that employer may be liable for the unauthorized acts of said employee if he or she was involved in a car accident while intoxicated at work. In the case of a hypothetical employee, an employer should have known that the employee with multiple DUIs may drive negligently because he had done so in the past.

Have you had an accident recently? Did the accident involve a driver who, at the time of the accident, worked for someone else? The law surrounding respondeat superior can be very complex, and should be navigated by an experienced attorney. The skilled DuPage County car accident attorneys at Mevorah & Giglio Law Offices are prepared to help you recover compensation for the injuries you have incurred. Reach out to us today for a consultation and discover how we can be of assistance.