Employment torts are a common occurrence. An employer can be liable for their employee’s tortious action. It is important that you understand and can identify an employment tort when it occurs so that you can assert your rights properly. Properly identifying an employment tort can impact how your case is filed and to whom court documents are served.
What is a Tort?
A tort is defined as a body of rights and remedies that is applied to civil proceedings in which a person who has suffered harm from wrongful acts of others can receive compensation. Simply put, a tort is when you are injured by another person’s intentional act or negligence.
Respondeat Superior
While the word is fancy, the meaning is simple. Respondeat Superior means “let the superior answer.” This is the concept that an employer is responsible for the torts of their employees while they perform duties in the normal course of employment. This type of liability is known as vicarious liability. It simply means, someone else is responsible for the actions of another. For example, if you were walking in a grocery store, you come to an isle that is being stocked by an employee. In an unfortunate moment, that employee accidentally drops a can of soup on you that causes injury. You would sue the grocery store, not the employee. Since the employee was acting in the scope of their employment, they are not personally liable. Of course, there are exceptions and specific circumstances may warrant the employee being personally liable. Any specific questions should be discussed with your attorney.
If you have suffered an injury due to the negligence of an employee, contact Lucé Law, PC online or call (972) 632-1300 to speak with an experienced attorney and schedule your initial consultation. Waiting too long to file your employment tort lawsuit can prevent you from recovery. Call today!
