Vicarious Liability and Respondent Superior
Vicarious Liability - sometimes called "imputed liability," attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution. Thus, an employer of an employee who injures someone through negligence while in the scope of employment (doing work for the employer) is vicariously liable for damages to the injured person.
Respondent superior - theory that holds an employer liable for the actions of the employer's employees.
In general, when we discuss the relation ship between agency and malpractice, we refer to concepts of vicarious liability and the doctrine of respondent superior. These occur when the servant (employee) commits a tort within the scope of employment, and the master (employer) is held liable although the employer may have done nothing wrong. Once it is determined that the man at work is an employee, the employer becomes subject to vicarious liability for his employee's torts. But the employer's vicarious liability, for conduct which is in now way his own, extends to any and all tortuous conduct of the employee which is within the "scope of the employment." An employer cannot escape liability merely by ordering his employer cannot escape liability merely by ordering his employee to act carefully.
In most states, an employer can be liable for his employee's negligence solely by respondent superior. This doctrine is base upon the principle "that the wrong of the agent is the wrong of the employer."
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