When is someone liable for the acts of another?
There are instances where an employer can be held liable for the negligent acts of an employee. The legal concept is respondeat superior; it is Latin for “let the master answer.” When tort liability is assigned to another it is known as vicarious liability.
In the common law, the concept was that the master was responsible for the actions of his servants. It also incorporates concepts such as the duty of an employer to monitor his employees and ensure that they act accordingly, the duty to be cautious in the hiring of new employees, and the duty to make sure that only those capable of handling the job properly are hired.
However, liability is not always transferred to the employer for the actions of the employee. Generally three criteria must be met before liability can be transferred. These requirements are known as the Birkner Criterion:
- Was the act committed within the time and space limits of the agency?
- Was the offense incidental to, or of the same general nature as the responsibilities the agent was hired to perform?
- Was the agent motivated to any degree to benefit the principal by committing the act?
These serve to limit the instances in which the employer is liable for what the employees do. If a bank teller or a waiter/waitress gets into a fight at a baseball game on a Saturday, that is not within the time and space limits of the agency (when and where the person is working) and thus the first criteria is likely not met.
The second criteria excuses actions that are taken irrelevant to the actors job, but still when they are or should be working.
The third focuses on instances in which the employer benefits or would benefit from the act or attempted act of the employee.
Often, the above can fall into gray areas. The answer as to if the criteria are or are not met can be unclear. If someone causes a car accident during office hours but was driving to get lunch, the above may or may not be met. It is still during the time limits of the agency, but it could be out of the space limits. These often become questions for a jury to evaluate and make a determination.
When the above criterion are met, an employer is, or can become, liable for the actions of his or her employees.
This concept also assigns to the employer the duty to properly supervise the employees to ensure they are doing their jobs and doing them safely, and also to use proper care when selecting and hiring new employees to ensure that they are capable of handling the tasks and stress associated with the job.
Tags: employer liability, Florida