Placeholder Image Robert Ross, Attorney at LawHelping People Seeking Justice Downtown in the EveningBreach of Contract & Business Torts Meeting RoomLegal Malpractice & Professional Negligence Outside of a modern HouseReal Estate & Construction Litigation Emergency Room SignWrongful Death  Personal Injury Litigation

The Difference Between Negligent Hiring and “Respondeat Superior”

PROPERTY OWNERS MUST USE REASONABLE CARE WHEN HIRING WORKERS

Property owners have a legally recognized duty to use “due care” (essentially, reasonable care) whenn hiring employees and other persons to perform work on the land owner’s property. This liability also attaches to people in possession or control of land, if they hire workers or employees.

The duty applies not only to hiring decisions, but also to the way the property owner trains, supervises, and continues to employ each worker. As with the hiring decision itself, each of these facets of the employment relationship must be exercised with due care. A person (or company) who fails to comply with this duty at one or more of the aforementioned phases may be liable for “negligent hiring.”

NEGLIGENT HIRING DIFFERS FROM “RESPONDEAT SUPERIOR”

Respondeat superior is a legal doctrine that holds employers liable for the actions their employees take within the course and scope of their employment. Essentially, the doctrine says that employers are generally liable for the actions their employees take at work and within the work environment. (While that’s an enormous oversimplification, it gives some idea of the scope of potential liability.)

Respondeat superior is a form of vicarious liability – meaning that it holds the employer liable for employees’ actions, rather than for actions taken by the employer personally. By contrast, negligent hiring holds the employer liable for his or her own actions–specifically, the failure to use due care in hiring, employing, supervising, and/or training personnel.

***

Disclaimer: THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR OR ROSS LAW AND ANY PERSON. Your rights and experiences may vary. Never use an online article (including this one) to evaluate your legal claims. Speak with an experienced lawyer promptly to obtain a personalized evaluation of your claims, possible damages, and options. You may lose or compromise your rights if you delay in consulting legal counsel. Most legal claims (and defenses) are complicated and fact-dependent. If you believe you have a claim against someone who injured you, a lawyer who represented you in a previous lawsuit, or any other type of legal claim, consult an experienced lawyer immediately for an evaluation of your personal rights and claims.

Designed and Powered by NextClient

© 2015 - 2018 Robert S. Ross. All rights reserved.
Custom WebShop™ law firm website design by NextClient.com.

Quick Contact Form - Tab